Can you get sued as an indigent? And how would that work (i.e., how you would file motions, if you didn’t know how; how would you file [presumably un-typed] legal briefs, etc.)?
These questions assume two things: (1) You can theoretically sue an indigent (yes, I know for obvious practical purposes it would be pointless), and (2) The state doesn’t have to provide an attorney for non-criminal matters.
Well?
Yes.
Collecting is always a different matter. Collecting just on small claims is a major pain in the ass even going after someone with something, especially since the “system” in most states is of no help.
But just because someone is broke today doesn’t mean they won’t win a lottery ticket tomorrow or inherit something . Collecting is still a pain, but at least you have something to go for.
What is the value of a cardboard box these days?
As a law enforcement officer I sued a couple of people that tried to assault me. Never expected to collect anything, but it didn’t hurt to have record of a lien of anything of value they received later in life. It never hurts to add a “fuck you” to some assholes future!
You could try to find an attorney who would defend you pro bono. If that doesn’t happen, you defend yourself.
If you lose a judgement, it isn’t just placed against your current assets. You can also lose future assets. So if you sued some homeless guy and won a million dollar award against him, you won’t collect any money from him because he doesn’t have any. But if he wins the lottery a year later, you can then collect your million from his winnings.
Do monetary judgments from a court persist forever? Is there any time limit? Can the indigent defendant discharge the judgment by declaring bankruptcy? (Assuming he can scrape up a few bucks to file the paperwork for that?)
And it’s up to you to keep track of him. You are not going to getting a letter saying so and so won the lottery or that his rich assed aunt died and left him a small fortune of highly collectible knitting needles. It’s up to you to find this out and good luck because most likely they are going to disappear after getting the funds because they still know you want your money.
I opened the thread expecting something much more clever. No offence to the OP–it is a very interesting question–but I thought it said “Getting Sued as an Ingredient” and was expecting something about cannibals or some such.
Jugments generally expire, but can be renewed, state law specific.
Exceptions to discharge;
Getting Used as an Ingredient would be a fascinating thread.
You’d walk down to the courthouse or clerk’s office and file them by hand, or electronically file them via a public library or internet cafe or whatever.
I thought the same thing! 