QUESTION
Incarcerated loved one is being sued - what are his next steps?
Asked on Nov 19th, 2018 on Civil Litigation - Florida
More details to this question:
My loved one who is currently incarcerated and has about 6 or so years to go is being sued along with a retail store, shopping mall and owner of shopping mall. About 4+ years ago, he attempted robbery (nothing stolen and no injury was made confirmed by police report), and the victim is suing all 4 defendants listed above. He received his summons Friday in the mail at prison. He has 20 days to respond and has no means of seeking legal council except through me. He has no money, and nothing in his name. Does he need to respond to the summons? Should he plead the 5th? I'm sure the woman is trying to get money from the insurance company, but can they in turn file suit against the incarcerated defendant?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
There is not likely a 5th amendment privilege when convicted of the crime on which the lawsuit is based as a defense to being sued. Though you say there were "no injuries" that does not account the potential of emotional distress injuries if the Plaintiff was a victim in the robbery event. That stated, yes, one can sue an incarerated individual, its just not financially productive to do so but may be legally necessary.
Answered on Nov 20th, 2018 at 7:09 AM
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