What happens if you sue someone with no money?

Asked by: Dr. Zachary Gerhold  |  Last update: June 21, 2025
Score: 4.8/5 (33 votes)

If the court finds the defendant responsible, they are legally required to compensate you, even if they currently lack the funds. Winning the lawsuit means the defendant owes you the amount decided by the court, which you can pursue through various legal avenues.

What is the point of suing someone with no money?

You should still sue someone who has no money for a couple of reasons. First and foremost, you deserve justice after suffering injuries due to someone else's negligence. You also have options for collecting compensation after a favorable verdict, even if the person you are suing does not have much money.

What happens if you sue someone and they are broke?

Certainly, you can sue anybody at any time, and you can win, which means you will have what's called a judgment against that person... That's why people with no money or assets are called ``judgment proof.'' A judgment against them for a hundred million bucks is worth the same as no judgment at all.

What happens if you sue someone who has nothing?

If a defendant has no money, they may not respond to the complaint. The plaintiff will get the full judgment against them without going to trial because it is a default judgment. After the judgment has been issued, the plaintiff can begin attempting to collect on the debt.

Can you go to jail if someone sues you and you can't pay?

Fortunately, debtors' prisons were outlawed by Congress in 1833. As a result, you can't go to jail for owing unpaid debts anymore. Still, there are a few cases in which unpaid or unacknowledged debts can be the underlying catalyst for your arrest, even if they aren't the direct cause.

Can You Sue Someone With No Money in a Lawsuit?

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What happens if you sue someone who Cannot pay?

The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.

Will a collection agency sue for $5000?

Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.

How do I sue if I don't have money?

Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money. Your lawyer will only receive payment for their services if and when you reach a positive resolution and some form of compensation in your case.

Is it worth it to sue someone?

You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?

What happens if you sue someone and they ignore it?

Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!

How much money do you need to sue someone?

The Average Cost of a Lawsuit

On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.

Can you sue if you're poor?

In many situations, you can file your documents in court without payment or with a lower payment if you also file a "poverty affidavit." A poverty affidavit is a written, sworn statement that you are low income and do not have enough money to pay the fees.

Who pays when you sue?

While the lawsuit has to be in the name of the individual wrongdoer, this is a legal formality only. And, the individuals are not the ones paying for your injuries or damages. So now you know. In almost every case we handle, the insurance company, and not the individual wrongdoer, pays all of the damages.

Do you have to pay someone if they sue you?

Despite your financial constraints, a court ruling against you would still result in a legal obligation to pay the determined amount. This could lead to wage garnishment, where a part of your future income is deducted to satisfy the debt, or even asset seizure, including bank account freezes.

How do you stop someone from suing you?

If you're wondering about how to stop most frivolous lawsuits, you must contact an experienced attorney who can advise you on the best course of action to take. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.

What happens if you sue an LLC with no money?

Suing an LLC with no assets is possible, but often unproductive financially. LLCs shield owners' personal assets, so winning may not yield payment. If you're wondering whether having no assets protects you from lawsuits against your LLC, it's important to understand the limitations.

Is it pointless to sue someone with no money?

Essentially, you might think suing someone with no money is futile, but that's not the case. The law protects your rights and allows you to seek compensation if someone causes you harm or loss, regardless of their financial status.

Is it better to sue or settle?

Litigation takes time and often leads to more time due to appeals and retrials. You will have to be involved as the trial progresses. Whether you are the plaintiff or the defendant, if the total time spent in litigation is not worth a good outcome in court, then settlement is probably a better option.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

Is it better to have an attorney?

Not hiring an attorney can actually cost you more.

There may be more at stake if you lose without the assistance of an attorney. Courts will treat you as if you have a knowledge of the law upon representing yourself. In other words, there is no special treatment.

How do you get money when you sue?

After a Judgment: Collecting Money
  1. Payment Plan. Small claims cases can be the easiest to collect. ...
  2. Real Estate and Other Liens. If you're not in a hurry to collect, you can file a real estate lien on the debtor's property. ...
  3. Garnishment. ...
  4. Property Seizure and Sale. ...
  5. Bankruptcy. ...
  6. After Your Judgment.

Will a debt collector sue for $3,000?

While debt collectors may not automatically sue over a $3,000 credit card debt, they have the right to pursue legal action if they believe it's a viable option.

What's the worst a debt collector can do?

A debt collector cannot lie or use deceptive practices to collect a debt. They cannot falsely claim to be attorneys or government representatives, misrepresent the amount you owe, falsely claim you've committed a crime or threaten legal action they cannot or do not intend to take.

Can you go to jail if a credit card company sues you?

Here's the good news — you can't go to jail for credit card debt, and if a debt collector implies that you might end up in jail, they are breaking the law as established by the Fair Debt Collection Practices Act.