If I have a POA for an inmate, can I file a small claims lawsuit on his behalf?

He is looking to collect he last paycheck and needs his W2 form, however the business has closed.

Asked on August 12, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the POA gives you this authority--the authority to take  legal action on his behalf--then yes, you could sue on his behalf for the unpaid wages. A general POA without limitation would most likely give  you this authority.

If the business has closed, if it was a corporation or LLC, it's most likely not worth suing--you could win, but still not collect anything, because there is no business left to pay. If the business was a sole proprietorship, however, you could sue the owner personally.


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