what do you do if you get sued but have no money for lawyer

One thing you can do is contact a lawyer who understands how to challenge civil suits and knows your rights. 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.

Full Answer

What happens if someone sues you and you don’t have the money?

Originally Answered: What happens if you get sued but have no money? It doesn’t take a lawyer to defend yourself. But should you lose the suit, it becomes a collectiable debt should you acquire anything of value.

What to do if you get a notice that you are sued?

If you're insolvent (broke) you probably don't have to worry about being sued. Any decent lawyer will search your assets before filing suit and if you don't have any money it's not worth the cost of litigating because a judgment is worthless if it can't be paid. In legal terms these defendants are known as "uncollectables."

What should I do if I am sued by a creditor?

1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!) 2. No service advantage.

What should you never do if you're sued?

Apr 08, 2014 · Keeping that in mind, here are five things you definitely should not do, if you are ever sued. 1. Never admit you're at fault. "No matter what the circumstances," says Hunter Hoffmann, head of U.S. communications at Hiscox USA, a small-business insurer headquartered in New York. If you have mixed feelings about who is at fault, share them with your attorney but …

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.”.

What to do if you can't settle a case?

If you cannot settle, prepare for trial. This is really hard without a lawyer, but you need to think of every witness, document, photograph (including ones you can now take), and anything else to help explain your side of the case. You need to have all of these with you in court.

What happens if you don't respond to a lawsuit?

If you are sued and fail to respond, you'll lose by default . If the plaintiff didn't seek monetary damages or was awarded the return of property rather than money, the plaintiff can get a court order allowing them to be escorted by sheriff's deputies or police officers to collect the property from the defendant.

How to get a judgment against a creditor?

Rules on this vary from country, but in most places a judgment creditor has a few different potential options: 1 Try and garnish your wages (ie. have money taken out of your paycheck until it is settled). 2 Try and exercise distraint against your personal property (ie. send the bailiffs in to seize and sell anything of yours that is valuable to meet the debt). 3 Sit on the judgment and let the interest rack up, with a view to potentially checking back in a few years’ time and enforcing then if you come into any money. In many countries a successful litigant has up to 12 years to enforce a judgment - wh

How often do you have to renew a judgment?

You just abstract the judgment and put a lien on the person, and renew it every 8–10 years. It’s up to you to collect the money. After the court makes the judgement, they really don’t care if you get the money or not. You usually have to hire another attorney to collect the judgment. 929 views.

What happens if you file bankruptcy?

If the person who owes money files for bankruptcy, then it is usually dismissed and the person does not have to pay. The only stuff that can’t be dismissed is child support, student loans (unless disabled), and damages for injuries caused to people in car accidents or criminal acts. 1.2K views.

Can you get blood from a turnip?

In extreme cases, if a judge believes someone has hidden assets they can pay with and refuses to do so, they can be found in contempt of court and jailed. Ultimately, you cannot get blood from a turnip. If a person has no assets, they can’t be made to pay.

How long do you have to respond to a lawsuit?

Many times, defendants in lawsuits say things, send emails or letters, or take actions that are harmful to their situation. Remember that you have a number of days to respond to a lawsuit, and you have the ability to get an extension to file an Answer or Motion to Dismiss.

Is it illegal to destroy evidence?

Discarding or destroying evidence can not only be illegal, but also counterproductive to your case. Do not alter any records or do anything that will affect the evidence in your situation without first consulting with your lawyer or insurance carrier.

Is a CPA confidential?

Depending upon state or federal law, confidential communications between you and your spouse (as long as your spouse keeps this confidential), your psychother apist, your priest, rabbi, and, possibly your CPA, can remain confidential. However, anything you say to anyone else may be discoverable. This includes emails and texts. Please remember that e-mail stands for evidence mail, unless it is strictly between you and someone who has the privilege apply.

What happens if you don't file a lawsuit?

Failing to file a formal, written answer to the allegations contained in the lawsuit can result in a default judgment against you in favor of the opposing party.

How long does it take to file a lawsuit?

The defendant in a lawsuit must file a formal answer or make a motion within a limited period of time that is set by the laws in each jurisdiction. Getting angry and tossing the lawsuit papers into a corner in your home or office to be dealt with later is a mistake. Some states limit the time to submit an answer to just 20 days or less from the date the defendant is served.

What does it mean when someone threatens to sue you?

The threat of a lawsuit, or the prospect of litigation, sends most people into an emotional state somewhere between panic and outrage, especially if that person hasn’t protected their assets ahead of time. Running a business or getting through the daily routines of personal life can be overwhelming without the added stress of a process server, marshal or sheriff coming to your home or office with a summons and complaint.

Do you have to pay legal fees if you are the loser?

Even if you have a contract that states the loser in a dispute will pay legal fees, it is rare that courts award full legal fees.

What is the second worst mistake you can make?

The second worst mistake you can make is to attempt to defend a lawsuit without having legal representation. The worst mistake is having an attorney but failing to disclose all the facts in an honest and forthright manner. The lawyer you hire is on your side regardless of how good or how bad the facts and the evidence make you look. Lying to your lawyer, or withholding information because it portrays you in a bad light, will make it difficult for your lawyer to represent you and often times you are doing yourself a disservice because when that information you are hiding comes out in court, your lawyer will be caught off guard with no strong, well-thought out response.

What type of insurance is used in a lawsuit?

Some types of insurance policies provide coverage in the event of a lawsuit. Automobile insurance or homeowners insurance are two policies with which most people are familiar, but there are other types of insurance, such as malpractice or errors and omissions policies that provide coverage in the event of a lawsuit.

What does default judgment mean?

A default judgment means potentially your plaintiff can go to your bank and freeze your account or go to the registry and put a lien on your home or rental property. You won’t find out about it until checks start to bounce and you “swear there was at least $10,000 in that account.”. 2.

What to do if you do nothing in a lawsuit?

If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.

What is an answer in a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.

What does it mean when you receive a summons and complaint?

Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

What to do if you have been served with a summons?

Learn what to do if you’ve been served with a summons and complaint, including how much time you have to respond and what options might be available to you. Remember that if you do nothing, the person suing you can ask the court for a money judgment against you!