Can I sue in small claims court if the defendant is in jail?

[msp111]

I gave someone a $2000 deposit to build a deck. I never saw the guy again - He skipped town, and the police got involved.
He was arrested and is currently in jail (for ripping me off as well as other crimes).
I want to get my money back. I have a signed contract, a signed receipt for the deposit, and a copy of the cashed check.
Can I sue him in small claims court if he is in jail?
If so, what would I enter for his address and phone number on the complaint / summons forms?

Although the check was made out to (and cashed by) a single person, the contract was signed by both him and another individual - someone that was presented as being his partner in a deck building company. Would I have better luck suing this other individual since he is not currently in jail? (or perhaps both of them as co-defendants?)

I appreciate any advice anyone can provide.

Thank you

 

[army judge]

I gave someone a $2000 deposit to build a deck. I never saw the guy again - He skipped town, and the police got involved.
He was arrested and is currently in jail (for ripping me off as well as other crimes).
I want to get my money back. I have a signed contract, a signed receipt for the deposit, and a copy of the cashed check.
Can I sue him in small claims court if he is in jail?
If so, what would I enter for his address and phone number on the complaint / summons forms?

Although the check was made out to (and cashed by) a single person, the contract was signed by both him and another individual - someone that was presented as being his partner in a deck building company. Would I have better luck suing this other individual since he is not currently in jail? (or perhaps both of them as co-defendants?)

I appreciate any advice anyone can provide.

Thank you

Sure you can sue a person locked up in the hoosegow.
But, most inmates have little of no money.
That won't stop you from getting a judgment, in case one day he/she gets money!!!

You would use the jail address, the home address, and the business address.
You would also be smart to sue everyone you can.
Go ahead, sue the business partner, too!!!
You should also sue the business or the "DBA"!

 

[mightymoose]

The District Attorney's office may handle your compensation as part of the prosecution- contact the DA's office to find out what they can do for you.