Can you sue someone who has no money Canada?

Asked by: Mattie Nitzsche  |  Last update: January 11, 2026
Score: 4.9/5 (12 votes)

If the party you are suing does not have any money, assets or a job, you may not be able to collect your judgment. However, a judgment is valid for 10 years and financial situations change. Consider all of this when you decide if you want to sue. For more information on Judgments refer to Judgment and Court Costs.

What happens if I sue someone who has no money?

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.

How can I pay for a lawyer with no money in Canada?

Finally, in virtually every location across Canada, there is a government funded Duty Counsel system available if you attend court without representation. Duty Counsel is funded by Legal Aid and assists unrepresented people with individual court appearances.

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.

Do you have to spend money to sue someone?

Court filing fees: It costs money to file your lawsuit with the court. The amount of these fees depends on the type of lawsuit, the cost of process servers, and so on. Discovery fees: Most civil lawsuits include a discovery process, and there are costs associated with this process.

Can You Sue Someone With No Money in a Lawsuit?

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What is the minimum amount of money 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 ...

How much does it cost to sue someone in Canada?

According to recent surveys of Canadian lawyers, it can cost upwards of $10,000—$25,000 to take a lawsuit through the traditional litigation process and a trial. Small claims actions cost considerably less and often involve little more than a small filing fee and another fee to serve documents on the opposing side.

What happens if someone sues you and you're broke?

If you win the case, the court may issue a judgment in your favor for the amount owed. However, collecting the awarded sum can be challenging. Common methods include wage garnishment, where a portion of the defendant's future earnings is directed to you, and liens on property, which can be sold to cover the debt.

Can you go to jail for being poor?

Yet, today, people are still going to jail for being too poor to pay court debt. One way some courts try to justify debtors' prisons is by claiming the incarceration is for “contempt” or for not complying with a court order, rather than for nonpayment.

Is suing someone worth it?

Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.

What can Canadians do if they cannot pay for a lawyer?

Legal Aid Ontario (LAO) is a publicly funded organization that helps people who cannot afford to pay for a lawyer. LAO can help with certain types of legal problems, and depending on your financial situation, costs may be reduced or waived.

What happens if you don't have enough money for a lawyer?

Contact Your County or State Bar Association

For example, the State Bar of California provides assistance to those who can't afford a lawyer. They collaborate with legal aid groups to help low-income individuals, including seniors, people with disabilities, and the homeless.

Can I get a free lawyer in Canada?

Legal Aid Program

There are 13 recognized legal aid plans in Canada, the organizations responsible for providing legal aid services to those who cannot afford a lawyer. The federal government supports legal aid services in the provinces and territories through two sources.

What happens if you lose a lawsuit and can't pay Canada?

Normally you have 30 days to pay. You'll be charged interest if you don't pay within this time limit. Worse still, your salary or property could be seized.

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.

Can someone sue me for not paying them?

Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.

Can you go to jail for not having money on you?

The Fair Debt Collection Practices Act makes it illegal for debt collectors to threaten you with arrest or have you arrested for unpaid debt.

Can I be greedy if I am poor?

Yes, Even The Poor Can Be Greedy.

How is poverty a crime?

"Poverty is criminalized when state and local policy choices trap people in the criminal legal system for engaging in activities to survive, such as driving without a license, being forced to sleep outside, or being unable to pay outstanding fines and fees."

Is it worth 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.

Will a collection agency sue for $3000?

While smaller debts are less likely to result in legal action, there are no guarantees. In many cases, though, debt collectors will prioritize larger debts, as they offer a higher return on the time and legal fees associated with a lawsuit.

How to file a lawsuit with no 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.

What happens if you sue someone with no money Canada?

If the party you are suing does not have any money, assets or a job, you may not be able to collect your judgment. However, a judgment is valid for 10 years and financial situations change. Consider all of this when you decide if you want to sue. For more information on Judgments refer to Judgment and Court Costs.

What is the most you can sue for in Canada?

If your Civil Claim is for more than the limit of $100,000 you can choose to drop the extra amount, referred to as abandonment, or choose to sue for the full amount in the Court of King's Bench.

What is the most expensive sue?

The Biggest Lawsuit Ever: The Tobacco Settlement — $206 Billion. The Tobacco Master Settlement Agreement was filed in 1998 against the four largest tobacco companies in the United States and remains the largest lawsuit in history in terms of dollars involved. Defendants included Philip Morris, R. J.