Civil Court Action

[Scott B]

Missouri:
I will be starting a civil suit against the seller on a home purchase. Is is required that an attorney file for a statute of limitations on this action before I start the process?

 

[I AM ALWAYS LIABLE]

My response:

You let an attorney do this. You don't know enough about law to handle this on your own. If you're thinking about Small Claims Court, then you're in the wrong court when it comes to Real Property. Also, you don't "file for a statute of limitations" - that's not a Cause of Action.

IAAL

 

[Scott B]

Let me clarify the subject a little. The seller lied on his disclosure about the basement not flooding. An attorney said that in the county of St. Louis I could take him to small claims court to recover the costs associated with the repair work that will have to be done. He also informed me that it would be much less expensive to go this route. My real question is this: Can I ask that a lien be placed on the seller's personal property until the judgement is satisfied by the seller? Or can I do this myself?

 

[JETX]

Again, you seem very confused about this entire process.
Except in unusual circumstances (fear of 'asset' fleeing jurisdiction before judgment), you cannot get a pre-trial lien against the defendant.

After (if?) you get a judgment, THEN you can proceed with judgment enforcement processes which COULD include your ability to place a judgment lien on real property.

As for the issue of self-representation in Small Claims, that is what the SC court system is based on... YOUR ability to present the facts to a court without the formal legal requirements and, hopefully, get a judgment. However, with your confusion, I would STRONGLY suggest that you go to a bookstore or library and try to find a book on Small Claims court process in your state (you only said you lived in St. Louis COUNTY, so we don't know what state you are in).
Or you can do some online research at:
http://mobar.org/pamphlet/smllclam.htm
http://www.legallawhelp.com/state_law/Missouri/
http://www.prairielaw.com/articles/article.asp?channelId=30&articleId=1477