how can someone sue me if i have no money for a lawyer

Speak to the attorney about about providing an affidavit regarding your lack of assets. Unless the plaintiff has suffered damages well beyond your policy limits, they will probably not pursue a judgment that they may never collect. You are also entitled to hire an attorney of your own choosing.

Full Answer

How do you file a lawsuit without an attorney?

Contrary to belief, it is possible to sue someone who has no money. This is because the decision of the courts does not depend on the size of your debtor's pocket - if they are guilty of the charge, then they are legally obligated to pay you. Getting your money out of someone with no money can be harder than you think.

How to sue creditors and win without a lawyer?

Although it’s not a very wise decision, it is possible to sue someone, even if the person being sued has no valuable assets. However, most people investigate the possibility of collecting from the individual they are considering suing before they go through the time consuming and expensive process of a lawsuit. The most common scenario is that someone brings a lawsuit against …

Can I subpoena someone without a lawyer?

Answer (1 of 15): Your lack of money does not interfere with his ability to bring a lawsuit against you. It may interfere with his ability successfully to collect from you, but he could get a judgment and hold it over your head for a long, long time. If you hit the lottery sometime in the future,...

Should you go to the hearing without a lawyer?

Jun 29, 2018 · There is a process involved where you or your attorney can challenge allegations. The burden of proof is on your creditor (the plaintiff) who must prove that you owe the debt and must prove the amount of the debt. There is a process of Discovery that allows you to get information from the other side.

What to do if you lose a lawsuit?

If you have lost a lawsuit or someone has received a judgment against you, your position may feel hopeless. Although it is a difficult one, there are always things you can do. Being informed and proactive is the best starting point. Let’s review.

What happens if you file bankruptcy under Chapter 7?

If you declare bankruptcy under Chapter 7 of the federal Bankruptcy Code, the right of your creditors to collect from you is cut off [ 2]. Sometimes bankruptcy is something people get forced into, but sometimes it is a smart financial move ...

What is wage garnishment?

Own real estate. 1. Employment – If you are employed but lack the funds to fully pay a judgment against you, the opposing attorney or collection agency will likely try to take some of your wages through a process called wage garnishment.

Is bankruptcy a smart move?

Sometimes bankruptcy is something people get forced into, but sometimes it is a smart financial move to protect yourself. Bankruptcy is generally not advised as the response to a singular debt. Consider your total financial snapshot, the scope of relief that bankruptcy offers, and the non-bankruptcy alternatives.

Can you sue someone for no assets?

Although it’s not a very wise decision, it is possible to sue someone, even if the person being sued has no valuable assets. However, most people investigate the possibility of collecting from the individual they are considering suing before they go through the time consuming and expensive process of a lawsuit.

What to do if you don't have money right now?

The first thing you should probably do is send a letter to your creditor stating that your situation changed and you just don’t have the money right now to make your payments. A couple of good things can happen from this action.

What happens if you lose a court case?

If the judge makes a decision that you do, indeed, owe money to the plaintiff, the next step is for the plaintiff to follow-up with an action to collect the money. The possibilities include garnishing your wages if any, or taking your car or property.

How many times can a debt collector call you?

There are several prohibitions directed at debt collectors including the following. They cannot call you at home more than twice within seven days, for each debt. They cannot call you at work if you ask them not to call and put that request in a letter to them.

Who is the burden of proof in a lawsuit?

The burden of proof is on your creditor (the plaintiff) who must prove that you owe the debt and must prove the amount of the debt. There is a process of Discovery that allows you to get information from the other side.

What is the process of discovery?

There is a process of Discovery that allows you to get information from the other side. You can request such information as the contract or agreement you signed that says you owe the debt. You can request the account number or the ledger (record) of what you owe.

How much can a creditor garnish your wages?

Creditors can garnish your wages by taking up to 25 percent of your earnings to recover what they lost. Creditors can also go after bank accounts and future assets. If you are a student who will soon graduate and become employed, this could be an example.

Can creditors take your property?

Protected Income. The law does not allow creditors to take everything you own. It protects certain income and properties from creditors. You can keep property that is “protected” from creditors. If all your income, property and possessions are protected, then you are considered “collection proof.”.

How long do you have to sue someone?

This period is typically measured in years, and for many common grounds to sue, might be 3 to 6 years. Always consult with an attorney right away, ...

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

How to get legal counsel without paying up front?

There is another way to get legal counsel without significant up-front expenses. This is the “contingency fee” arrangement, whereby one's payment to their attorney is contingent upon that lawyer getting some form of recovery for the client. Generally, the client pays either nothing out-of-pocket, or only some of the costs of the case (like filing and service fees). At the conclusion of the case, if the attorney loses, the client pays nothing, but if the attorney recovers any money for the client, then the attorney takes his or her fees as a percentage of the award.

What is a conflict attorney?

Thus, when someone has a conflict with the Public Defender's office, so-called “conflict attorneys” may be appointed by the court. These are usually private attorneys that have volunteered to assist the court in these situations.

What is the right to remain silent?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. This right to an attorney, even if you cannot afford one, grew out of the Sixth Amendment to the United States Constitution ...

When is an attorney appointed?

An attorney is typically appointed at the first hearing the defendant attends (usually a first appearance that occurs within 24 hours of arrest). Most commonly, the defendant receives the services of a Public Defender, an attorney paid by the state to represent clients with no means of representing themselves.

What is the right of an indigent person to counsel?

On appeal from his conviction, the Supreme Court held that the right of an indigent (i.e., poor) defendant in a criminal case to have the assistance of counsel is a fundamental right essential to a fair trial. Thus, the conviction was overturned and the right to legal counsel in a criminal case was finally and firmly established.

What is pro bono representation?

This is called “pro bono” representation (which simply means “free” in Latin). Many cities and counties have pro bono legal clinics that offer free legal advice and help filling out forms. For actual representation in a court proceeding, you may be able to find a legal aid society near you.

Can you recover attorney fees from the other side?

In some cases, the legal aid society may ask that it be allowed to recover attorney fees from the other side should you prevail in the case.

What to do if you get served with a complaint?

If you get served with a complaint, notify your insurer immediately and cooperate with defense counsel once appointed. They will be in the best position to advise you at that point. More.

Can you file for bankruptcy to avoid a tort judgment?

You might consider bankruptcy. But filing for bankruptcy to avoid a tort judgment has been considered fraudulent by some courts. I think you should talk to your insurer assigned defense counsel once the lawsuit starts to get a better sense of the scope of the damages claimed in the lawsuit...

Can you garnish wages in Pennsylvania?

Technically, if the injured person gets a judgment against you he could come after you for the amount that exeeds your liability insurance (although in Pennsylvania they can't garnish your wages). In reality, this rarely happens. If your insurance company has a chance to settle it beforehand for the amount of your policy limits or less, and they don't, they could later be held responsble for the full judgment, even...

What happens if you can't afford a lawyer?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:

What happens if you lose a case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you. However, it's important to tread carefully before picking a lawyer. Choose a reputable attorney and make sure the rate is agreed upon before the lawyer takes your case.

Who is Geoff Williams?

Geoff Williams, Contributor. Geoff Williams has been a contributor to U.S. News and World Report since 2013, writing about ... Read more. Tags: personal finance, money, personal budgets, lawsuits.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

What time does the Akron Bar Association answer legal questions?

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

Who is Andrea Vacca?

Andrea Vacca is a collaborative divorce attorney in New Yor k City and the owner of Vacca Family Law Group. She says – at least with divorces – that "some courts offer free assistance to parties who want to fill out their own uncontested divorce paperwork."