Can I get sued if I have no money?
Asked by: Miss Micaela Oberbrunner | Last update: February 11, 2026Score: 4.2/5 (45 votes)
Yes, you can absolutely be sued even if you have no money, as financial status isn't a defense, but collecting payment becomes difficult for the creditor, though a court judgment creates future collection possibilities like wage garnishment, bank levies, or property liens, and ignoring the suit can lead to a default judgment against you. Having no money doesn't prevent a lawsuit or a judgment, but it changes how the winning party collects.
What happens if someone sues you but you have no money?
You can sue someone even if they have no money, but collecting payment is often difficult. In California, a court judgment lasts 10 years and can be renewed. Legal tools like wage garnishment, property liens, and bank levies may help, but many assets are protected.
How to sue if you don't have money?
Contingency fee agreements are quite common in injury-related cases if a plaintiff has suffered physical or emotional harm. 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.
Can I get sued if I don't have anything?
Generally speaking, if someone has nothing, then they aren't sued in the first place. A lawsuit costs the firm money so there's usually no point in filing it if there's nothing to collect.
Is it worth suing someone 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.
What To Do If You Get Sued But You Don't Have The Money [Walkthrough]
What is the minimum debt to be sued?
In short: Debt collectors typically start considering lawsuits for amounts around $1,000 to $5,000, but there's no strict rule. If your debt is within that range, or if you've ignored collection calls or letters, you could be at risk of being sued.
What happens if you just ignore someone suing you?
Consequences of Ignoring a Lawsuit Once a default judgment is entered, it becomes legally enforceable. That means the plaintiff can start collecting money from you using legal tools such as garnishing your wages, seizing funds from your bank accounts, or placing a lien on your property.
What happens if someone sues you and you're broke?
But overall if someone is completely unable to pay a judgment then... the judgment doesn't get paid. It is sometimes called being "judgment proof", where someone doesn't have the assets to pay even if someone sues them and wins. There is no other recourse, nobody steps in and "makes things right".
What happens if someone sues you and they lose?
If you are being sued, you are the defendant. Losing your case may mean having to pay for the injuries and damage you caused. The court can impose a money judgment.
What money is protected from lawsuits?
Assets That May Be Protected
Annuities, if the beneficiary is a spouse, child, or a trust for a spouse's or child's benefit. Retirement plans such as IRAs, 401(k)s, pension plans, profit sharing plans and similar plans.
Can you go to jail for refusing to pay a lawsuit?
No.
You cannot be arrested for being unable to afford a judgment. However, you may be arrested if you: Ignore a court summons related to a judgment (e.g., debtor's examination) Fail to appear in court when ordered to do so.
What happens if you get sued for not paying a debt?
If the court rules against you and orders you to pay the debt, the debt collector may be able to garnish — or take money from — your wages or bank account, or put a lien on your property, like your home.
What is the least amount you can sue someone for?
While most courts don't have a strict minimum amount you can sue for, the practical minimum is usually determined by the small claims court filing fee, which can range from around $25 to $50, meaning you would need to be suing for at least that amount to make it worthwhile to file a lawsuit; however, the maximum amount ...
Can you go to jail for not paying a small claims judgement?
Jail Time. Technically, you won't go to jail for failing to pay a judgment. But you can absolutely be jailed for defying court orders, like skipping a debtor's examination. Contempt of court isn't about the debt itself; it's about your refusal to follow instructions.
What happens if someone sues me and I have nothing?
They could claim that they are judgment-proof: This means that they have no money or available assets to settle your judgment claim. Therefore, the judgment-proof person can be exempt from collection before the court's judgment or legal proceedings.
What's the worst a debt collector can do?
DEBT COLLECTORS CANNOT:
- contact you at unreasonable places or times (such as before 8:00 AM or after 9:00 PM local time);
- use or threaten to use violence or criminal means to harm you, your reputation or your property;
- use obscene or profane language;
What happens if I'm sued and have no money?
Even if you don't have the ability to pay right now, a creditor can still sue you, win a judgment, and use that judgment to collect. Whether you're actually safe from collection depends on whether you're collection-proof — meaning your income and assets are protected by law.
Is it worth suing someone who doesn't have money?
Should you even consider filing a lawsuit? The answer is yes. You can absolutely win a case against someone who appears to have no money. The real challenge isn't winning—it's collecting.
Can you be sued and not know it?
No courts and juries want to penalize those who don't know they have been sued. However, producing proof of service is vital in this process. Having served means, you have been given the time needed to respond to a lawsuit.
How to stop someone suing you?
If you believe someone has filed a frivolous lawsuit against you, take the following steps to protect your rights:
- Immediately file a motion to dismiss. ...
- Request that the plaintiff be ruled a vexatious litigant. ...
- File a countersuit.
What are the odds of winning a lawsuit?
Plaintiffs win ~50% of cases that go to court. Car accident cases have the highest success rate (~61%). Hiring an experienced lawyer greatly improves your odds. Strong evidence and clear liability are key to success.
How much will I get from a $25,000 settlement?
If you're settling a personal injury case for $25K, you probably won't walk away with the full amount. After your attorney's fees, case costs, and medical bills are deducted, you'll usually take home somewhere between $8,000 and $12,000. The exact amount depends on the details of your case, which we'll break down next.
Who pays court fees in a lawsuit?
In the US, the rules can change depending on where you are and what kind of lawsuit it is. While each side usually pays its own legal fees (known as the American Rule), sometimes the court can make the person who loses pay some or all of the winner's lawyer fees and related costs.