How do you sue someone if they don't have money?

Asked by: Leda Koch  |  Last update: May 4, 2025
Score: 4.4/5 (75 votes)

Sometimes, you can get a defendant to agree to a repayment plan if they have no money for the claim. They would make monthly payments, which include interest, until the judgment is paid in full. While this would be a long-term situation, it would allow you to collect on your judgment.

Can I sue someone who doesn't have 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.

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.

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.

What can you do if someone doesn't pay you back?

  • File a court action ( sue them) in either small claims or municipal court.
  • Hire a collections firm or collections attorney to pursue them
  • Keep sending them notices that they owe you money, and demand payment

What To Do If You Get Sued But You Don't Have The Money [Walkthrough]

34 related questions found

Do you legally have to pay someone back?

Owing Money: Legal Definition

In the legal sense, owing money must include: Clear expectations this is a loan. Both sides understand there is a legal duty to pay the money back. A date when the payment, payment plan, or payment installment is payable.

Can you go to the police if someone owes you money?

It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets.

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.

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.

Can you go to jail for not paying someone who sued you?

While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.

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.

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.

What happens if you get sued and can't afford?

Summary: When you get sued and you have no money, debt collectors can garnish your wages and seize your property to get the funds repaid.

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.

Who pays in a civil lawsuit?

The rule for attorneys' fees is that each side must pay their attorneys' fees unless a contract or statute allows an award of attorney fees. A losing party pays attorney fees only if the winner is specifically given the right to recover legal fees in a contract between the parties or through a state or federal law.

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.

Will a debt collector sue for $500?

Smaller debts, usually under $500, are less likely to lead to a lawsuit. However, if the debt is part of a larger collection portfolio, agencies might decide to pursue it, especially if they can consolidate multiple small debts into a single legal action.

What happens after 7 years of not paying debt?

In general, most debt will fall off your credit report after seven years, but some types of debt can stay for up to 10 years or even indefinitely. Certain types of debt or derogatory marks, such as tax liens and paid medical debt collections, will not typically show up on your credit report.

What's the worst a debt collector can do?

Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.

Can I sue someone if I have 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.

What are the 5 steps to initiate a lawsuit?

Timeline of How to File a Lawsuit
  • Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
  • Step 2: Answer Complaint. ...
  • Step 3: Discovery. ...
  • Step 4: Failing to Respond to Discovery. ...
  • Step 5: Conclusion of Lawsuit.

How expensive is it 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.

What to do if someone doesn't pay you?

What to do if a customer doesn't pay
  1. Follow up immediately. ...
  2. Call them or schedule a meeting. ...
  3. Send a debt collection letter. ...
  4. Hire a collection agency. ...
  5. Consider letting it go. ...
  6. Research your new prospects. ...
  7. Be clear with your payment policies. ...
  8. Send invoices immediately and schedule reminders.

How much does it cost to sue the police?

Filing Fees: Typically range from $400 to $600, depending on the court. Expert Witness Fees: Expert testimony is often necessary to prove police misconduct and can cost thousands of dollars. Other Expenses: Court costs, deposition fees, and document production expenses may also be incurred.

Can you call the cops if someone doesn't pay rent?

Late rent is not a criminal offense; the police have nothing to do with this. The appropriate action from the landlord is to issue a “Notice to Cure or Quit” (it may be named differently where you live), followed by eviction proceedings if the tenant doesn't cure (pay the past-due rent) or quit (vacate the property).