What happens in court when you sue someone?
Asked by: Trey Pollich II | Last update: December 30, 2025Score: 4.7/5 (33 votes)
Both lawyers, the plaintiff and the defendant, go to the courthouse and try the case in front of either a judge or a jury. You have right up until the moment the case ends and goes to the judge or jury for a decision to settle your case. So, sometimes even though the trial has started, the case might still settle.
What happens after you sue someone?
After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. Trial requires extensive preparation on the part of attorneys. In a jury trial, the jury is the fact-finder; in a bench trial, the judge decides the facts.
What is the outcome of suing?
A settlement may involve a payment of money, the performance of certain actions, or a combination of both. Judgment in favor of one party: If a case goes to trial and the judge or jury finds in favor of one party, that party will be awarded a judgment.
What happens if someone sues you and you ignore it?
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
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. If you were reckless or acted intentionally, you may be subject to additional costs as punishment for your dangerous behavior.
Everything To Know Before Going To Court
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 somebody sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
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.
Do you have to pay if someone sues 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.
Can you go to jail for ignoring a lawsuit?
yes, if you ignore a lawsuit the court automatically assumes you are unable to dispute it, which means the default judgment is in favor of the person suing you. The judge will perceive you as guilty and you will go to jail.
Do most lawsuits settle out of court?
This point is important for two reasons. First, more than 90% of all lawsuits are settled out of court, most of them virtually on the courthouse steps after months or years of preparation and expense.
What are the first steps of suing?
In official Church procedures there are three steps to sainthood: a candidate becomes "Venerable," then "Blessed" and then "Saint." Venerable is the title given to a deceased person recognized formally by the pope as having lived a heroically virtuous life or offered their life.
Does suing mean jail time?
When you sue someone, you file a civil lawsuit with the courts in hopes of getting some form of financial compensation. As such, the person sued will not go to jail if you sue them, but they may be ordered by the court to pay you a large sum of money if they are found to be liable.
How long does it usually take to sue someone?
To initially file a lawsuit doesn't take much time at all. However, it can take a year or more to go through the court system once in progress. There is no set answer as several variables come into play, including: The level of compensation being sought.
What can they take if you get sued?
If a creditor files a lawsuit against you and wins a judgment, they can seize quite a few assets. They can garnish your wages, levy your bank account, and even go after your personal property. This includes everything from cars and furniture to clothing and household goods.
What happens when your lawyer files a lawsuit?
After your attorney files your lawsuit (a Complaint) in the Court, the Defendant(s) will be tracked down and the Complaint and suit papers will be literally hand delivered to them (service of process). The Defendant will then have 20 days to respond or “Answer” the Complaint.
What happens when someone sues you and you lose?
After you get sued and lose, you are the one responsible for paying damages. However, it will likely be the responsibility of your judgment creditor to collect on the judgment. This could mean they place a lien against assets you have such as a house, car, or bank accounts.
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 go to jail for not going to small claims court?
Small claims court will not issue a warrant for your arrest if you fail to come to court. What could happen, though, if you don't call to let them know you can't get there, is that your landlord will ask for a default judgment. In other words, you can lose the case by default.
What happens if someone sues you and you have no money?
Payment Plan or Settlement: Sometimes, the court may allow the debtor to set up a payment plan. Alternatively, you might negotiate a settlement for a lesser amount that the debtor can afford to pay. Asset Liquidation: The court may order the seizure and sale of the debtor's assets to pay the judgment.
Is being sued considered a crime?
Anytime somebody's “sued”, that's civil. Sometimes the same action can have a civil and a criminal dimension. For example, if somebody steals your umbrella, the state can charge the person with theft, while, in a separate proceeding, you sue the person for damages.
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.
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.
When you sue someone do you get money?
You might be surprised you don't automatically receive the money when you win a small claims judgment. Although many defendants will pay after a loss, you'll have to use additional legal procedures to collect if your defendant doesn't.
What happens if someone sues you for more than your insurance covers?
What Happens if Someone Sues You for More Than Your Coverage? You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts.