Legal Question in Civil Litigation in California

The same way you can sue anybody else. It just probably won't do you any good.

You may want to consult with a lawyer to see whether there are other avenues worth pursuing. Sometimes where a layperson sees only one potential defendant a lawyer will recognize that others might be liable as well.

You can sue a person with no money, job or assets the same as with anyone. Nevertheless, the realities may dissuade you from doing so.

First, unless you qualify for relief from the filing fees, you will need to pay the fees. It is likely that you will also incur costs for serving the court papers. The defendant, though, with no assets or income, will get a fee waiver. Right from the beginning, you're in the red.

Assuming you win, your judgment would be enforceable for almost 20 years. (It's good for 10 years, and you can renew it for another 10 years, if you renew before the 10 year mark.) During that time, the defendant may get a job or win the lottery. You can record an Abstract of Judgment with the County Recorders, where the defendant resides or is likely to own property. You can have the defendant summoned to a judgment debtor's examination, where he will need to disclose all of his income and assets. There are many things you can do to enforce the judgment, and you have almost 20 years to do it. During that time, interest accrues on the judgment at 10% per year.

But.....

If the debt for which your judgment is based is dischargeable in bankruptcy, then a Chapter 7 bankruptcy proceeding would simply wipe out your possibility of collecting anything. Sometimes, a person with no income or assets will not even fight the lawsuit. Instead, they simply wait until the plaintiff gets a judgment and, then, file bankruptcy.

You might want to check the potential defendant's background, before commencing suit (assuming you have time before the running of the statute of limitations). The defendant may not have anything, presently, but he may be married, or he may have elderly parents who have assets. I suppose it's a bit goulish, but I have a situation like this. In that case, I recorded an Abstract of Judgment in the county where the judgment debtor's parents live. If the parents pass away within the next 20 years and leave their home to the judgment debtor, my recorded lien will instantly attach to the property. Then, I can foreclose.

There are all sorts of ways of enforcing a judgment. Just be aware of that bankruptcy obstacle.

Whether a person has money, a job, or assets will not affect your ability to sue them. It is just that you may never see any money even if you get a judgment. Collecting on the judgment could be the bigger problem. Depending on how much is at issue you may consider small claims court. Maybe he will have money down the road. If it is a substantial amount contact an attorney as Mr. Hoffman suggested.