Need to file small claims suit from jail...?

sophieb

I'll explain it to you from what we do in our state and then you can call the courthouse and confirm it with the clerk there. Here if it's a suit in small claims court for under $5,000 then you don't need an attorney, and you can not represent him because you're not an attorney. When you sue someone it doesn't mean you'll get your money even if the judge provided a final order saying that person owes you and even though that order adds interest per year on that debt. There's a long and arduous process to get your money back. Ask your brother what assets you think that person who owes him has. After he gets the judgment from the judge he will have to hire a PI and that PI will search out that defendant's assets and then your brother will have to take this to an attorney, pay the attorney and have the attorney go after that guy by filing papers in court, putting liens on the guy's property in each state where there might be assets and then even sell that item that that guy owes so that $4,000 could be repaid to your brother. If the guy doesn't own anything then the attorney could go after the assets of the guy's parents if he's living at home, and that makes people really angry and so they might find a way around that, kick him out, the guy may move out of town and that means you'd have to file the judgment in the new place he's moved to.

There are statutes of limitations as to how long after money is owed that it can be attempted to be collected on. Ask your brother how long ago did that guy owe him money. Then you should ask the clerk or an attorney (sometimes the clerk won't give out that info) and ask what the statute of limitations is on something like that.

Then your brother would have to fill out the paperwork for the court to start the suit and pay the court the filing fee. He would also have to send copies of that to the defendant by certified mail return receipt and make copies of everything for himself. What forms to use? Well he could have you pick them up at the courthouse for a fee (here I think it's $15 and it's a packet of forms he'd need) and then there's one form in the packet that's a Statement of Insolvency and Request to set aside the fee. Then he'd have to call and ask for a court date and appear in person. How long will he be in jail? You said "might" be out soon....that doesn't sound too positive.

One important thing I left out...he would have to "prove" without a doubt (attaching it to the suit he files with the court, and keeping a copy for his own files) that the defendant owes him that money and for what reason and what date that occurred and the amount. And any papers he signs he will need to have his signature notarized.

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