What if someone sues you and you can't afford a lawyer?

Asked by: Rosamond Upton  |  Last update: February 18, 2026
Score: 4.9/5 (37 votes)

If you're sued and can't afford a lawyer, seek free/low-cost legal aid via LSC.gov, LawHelp.org, or state bar associations; consider pro bono (free) lawyers or limited-scope representation; use court self-help centers; explore small claims court if applicable; or represent yourself (pro se) while seeking guidance, as a default judgment can occur if you don't respond.

What do you do if someone sues you and you can't afford a lawyer?

If you cannot afford a lawyer, legal aid may be able to help you. There are legal aid offices (also called legal services) throughout the United States. Legal aid offices are not-for-profit agencies that provide free legal help to people who cannot afford to hire a lawyer.

What happens if I can't pay for a lawyer?

If you need a lawyer but have no money, focus on Legal Aid organizations, pro bono (free) lawyers, or public defenders (for criminal cases), using resources like LawHelp.org or USA.gov to find local help, or explore contingency fee options in personal injury cases where payment comes from winnings. Your eligibility often depends on income, and you can find help for civil issues (family, housing) or criminal defense.
 

What happens when you sue someone and they have no money?

In California, a person's financial status does not remove their legal responsibility. If someone harms you, breaks a contract, or causes financial loss, you have the right to take legal action—regardless of whether they can pay. A successful lawsuit means the court agrees that the other party is liable.

What happens if you get sued but own nothing?

If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff. 

What To Do If You Get Sued [Legal Walkthrough]

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Can you go to jail for refusing to pay a lawsuit?

No, you generally cannot go to jail just for being unable to pay a civil debt or judgment, as debtor's prisons are unconstitutional; however, you can face jail time for failing to obey other specific court orders within the lawsuit process, like showing up for a hearing, or for certain debts like unpaid child support or criminal restitution. Ignoring the court process or refusing to pay when you have the ability to do so can lead to a judge issuing warrants for your arrest (body attachment) or other collection actions like wage garnishment, but not jail for the debt itself. 

How to survive being sued?

How To Emotionally Survive a Lawsuit

  1. Understanding the Emotional Impact of a Lawsuit.
  2. Seeking Emotional Support.
  3. Maintaining Perspective and Realistic Expectations.
  4. Engaging in Self-Care Practices.
  5. Managing Financial Stress.
  6. Communicating Effectively With Your Legal Team.
  7. Educating Yourself About the Legal Process.

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

If you're sued with no money, the plaintiff (person suing) can still get a judgment, but collecting is hard; you might be declared "judgment proof" (unable to pay), meaning they can't take basic necessities, but they can place liens on future property or collect if your financial situation improves, potentially using wage garnishment or bank levies, though you can claim exemptions for essentials. Key steps are responding to the suit (or risk default), seeking free legal aid, exploring payment plans, and understanding you're exempt from some collection efforts like basic needs seizure. 

What happens if you just ignore someone suing you?

If you don't respond to a lawsuit, the plaintiff (the person suing you) can get a default judgment, meaning the court accepts their claims as true and can order you to pay or give them what they asked for, with no input from you; this often leads to wage garnishment, bank levies, or property seizure, making it very hard to fight later. It's crucial to file a formal response, like an "Answer," within the deadline (often 20-35 days) to at least notify the court you're defending yourself, even if you can't afford a lawyer.
 

Is it worth suing someone for $500?

Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says. 

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 is the cheapest way to get a lawyer?

The cheapest ways to get a lawyer involve seeking pro bono (free) services through Legal Aid or bar associations, finding attorneys who work on contingency fees, utilizing law school clinics, or getting a public defender in criminal cases if you qualify; for civil matters, low-cost options include initial consultations through bar referrals or online services like LawHelp.org, which connect you with reduced-fee help. 

Who pays court costs if a case is dismissed?

Generally when a case is dismissed cost to Defendant it is pursuant to some agreement between the Defendant and the prosecutor and the Defendant would sign off agreeing to the court costs. If the prosecution unilaterally dismissed, the costs should be assessed to the State.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

What happens if you can't afford to pay your lawyer?

If you can't pay legal fees, you might get a court-appointed lawyer in criminal cases, qualify for free legal aid (civil cases), or need to negotiate payment plans, explore financing, or face collection actions from your lawyer who could sue you or use agencies to recover fees, potentially leading to court orders for payment. For court costs, you can request waivers from the court. 

Can you go to jail for not paying a small claims judgement?

You generally won't go to jail just for being unable to pay a small claims judgment, as debtor's prisons are abolished, but you can face jail time for disobeying specific court orders related to the judgment, like failing to appear for a required financial examination or refusing to answer questions (interrogatories) about your assets, which can lead to civil contempt charges. The creditor uses other collection methods like wage garnishment, bank levies, or property seizure; jail is a consequence of defying the court's process, not the debt itself. 

What happens if you are being sued and have no money?

The fact that the other party has no income or assets currently doesn't mean that they never will. The judgment remains collectible until the total amount is settled. Even though the judgment has an expiration date, you can always renew it to get a collection time extension.

How much does it usually cost to sue?

Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement. 

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:

  1. Immediately file a motion to dismiss. ...
  2. Request that the plaintiff be ruled a vexatious litigant. ...
  3. File a countersuit.

What happens if you win a lawsuit and the person doesn't pay?

If you win a lawsuit but the defendant doesn't pay, you become a judgment creditor and must actively enforce the judgment by identifying and seizing their assets, like wages (garnishment), bank accounts (levy), or property (liens), using court-ordered tools like writs of execution; you'll need to find their assets through discovery and work with sheriffs or marshals to collect, which can be time-consuming but allows for future collection as their financial situation improves.
 

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.

What is the lowest amount of money you can sue someone for?

There's no universal minimum amount to file a lawsuit; it depends on the court (Small Claims vs. Civil/Superior), but generally, small claims courts handle disputes for smaller amounts (e.g., up to $5,000 - $12,500 depending on the state, like California or Oregon), while larger sums go to civil court, with federal courts requiring over $75,000 for diversity cases. You file in small claims for simplicity and lower cost, but you must stay within that court's monetary limit, with some exceptions like landlord-tenant security deposits having no limit in some areas. 

Do most lawsuits get dismissed?

The vast majority of lawsuits never reach trial, as they are resolved through legal settlements. A settlement occurs when both parties in a dispute agree to resolve the matter outside of court, often involving financial compensation.

How much of a 30K settlement will I get?

From a $30,000 settlement, you'll likely receive significantly less, with amounts depending on attorney fees (often 33-40%), outstanding medical bills (paid from the settlement), case expenses, and potentially taxes, with a realistic take-home amount often falling into the thousands or tens of thousands after these deductions are covered, requiring a breakdown by your attorney. 

What makes you look better in court?

Dress Neatly and Make Sure Your Clothes Fit

The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.