Victims pursuing a civil suit for income loss and medical bills may wonder what their options are for financial recovery when the liable party has no money. You should still sue someone who has no money for a couple of reasons. First and foremost, you deserve justice after suffering injuries due to someone else’s negligence. You also have options for collecting compensation after a favorable verdict, even if the person you are suing does not have much money.
There are other assets, such as their income or their property, that the court can order them to pay. A personal injury lawyer can help you through the legal process and explore your options for collecting fair and equitable compensation from a defendant who has no money.
You Deserve Justice, Even When You Are Suing a Person Who Has No Money
Bringing a civil suit against a liable party can offer you a chance to seek justice. Sometimes, the defendant will also face criminal charges or traffic citations for the car accident that they caused. In the absence of such charges or citations, a civil suit may be the only way to hold a negligent party accountable for their actions.
Even if they face criminal charges, you still deserve a chance to seek compensation for your accident-related losses. A simple traffic ticket may not feel like justice was served in the eyes of a car accident victim, either.
Just because the person does not have money doesn’t excuse their behavior. Besides, you may have more options for collecting compensation from them than you think.
For a free legal consultation, call 404-214-2001
Why Insurance Often Pays When You Sue Someone Who Has No Money
When someone causes an accident, the money for your claim usually does not come from their bank account. It comes from insurance. That is why a defendant with little money may still be worth suing.
We look for every policy that may apply to your case, including:
- The At-Fault Party’s Liability Insurance: Georgia requires vehicle owners to keep continuous liability coverage. Even a driver with no savings may have a policy that pays.
- Your Own Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or too little, your own uninsured motorist coverage may make up the difference.
- Other Responsible Parties: An employer whose worker caused the crash on the job, a business where you were hurt, or in some cases, the vehicle’s owner may carry separate coverage.
If insurance does not cover all your losses, the defendant’s own income and assets may still help close the gap.
Potential Options for Collecting Compensation When Suing a Person Who Has No Money
Even if a defendant in a personal injury case does not have any money, the court can still order them to do certain things to help the plaintiff collect compensation. Of course, this would apply only if you win your personal injury case against someone.
The court will then enter a judgment for the amount owed to you. If the defendant cannot pay it, you may have other options for holding the defendant financially accountable for your losses. Under O.C.G.A. § 9-12-60, a Georgia judgment generally stays enforceable for seven years, and certain collection steps can restart that period. If the defendant later gets a better job or acquires property, you may still be able to collect.
The following are the most common options for collecting a judgment:
Wage Garnishment
The court orders may allow you to garnish the person’s wages up to a certain percentage. A garnishment means the court will order that a percentage of the defendant’s wages be regularly withheld and paid toward your judgment for a certain amount of time.
Under O.C.G.A. § 18-4-5, Georgia limits garnishment to the lesser of 25% of the defendant’s weekly disposable earnings (pay after taxes and other required deductions) or the amount above $217.50 per week. Because of that protected amount, some defendants, such as low-income workers, may be exempt from this process.
Levying Personal Assets
If wage garnishment does not apply in your case against a specific defendant, you may have the opportunity to place a levy on the person’s personal assets. Personal assets that may help cover your accident-related losses include:
- Real estate property
- Personal property, including vehicles
- Investments, such as stocks
Georgia law does protect some property from levy. Under O.C.G.A. § 44-13-1, a defendant may exempt up to $5,000 in property, or up to $21,500 if that property is their primary residence. Assets worth more than those amounts may still be available to help cover your losses.
Once again, the court will have to order this.
Levying Business Assets
If you are suing a person who does not have any money but has a business, you could also levy their business assets, such as machinery and other industrial equipment. How far that levy reaches depends on how the business is set up. If the defendant runs it as a sole proprietor, the law generally treats business assets as their personal assets. If the business is a separate entity, such as an LLC or corporation, a judgment against the owner personally may not reach property the company owns.
As with a levy on personal assets, a levy on business assets is also something that only a court order can bring about.
How Our Lawyers Can Help When Suing Someone Who Has No Money
As with any personal injury case, you want a lawyer who will approach it with dedication. At our law firm, we can help you pursue a personal injury lawsuit and handle the entire legal process so that you do not have to.
We can help by:
- Investigating the accident to establish negligence and liability
- Gathering evidence of your losses, such as medical records, expert witness statements, and wage statements
- Communicating with the liable parties, their insurers, and their representatives
- Handling all the applicable paperwork for your claim or lawsuit
- Negotiating for fair compensation, as well as a plan to collect it
- Representing you in a trial
While we do all this, you can have more time to focus on recovering from your injuries. When we take on a case, we give it the personalized attention it deserves. We never use a cookie-cutter approach to a case, and we make it a point to keep you updated throughout the process.
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Don’t Forget About Your Deadline for Suing Someone
Regardless of the person’s financial standing, you still have to adhere to the statute of limitations when suing someone. According to O.C.G.A. § 9-3-33, you generally have two years to file a personal injury lawsuit.
If you do not meet this deadline, the court could dismiss your case entirely. In that event, you could lose your chance to seek justice and compensation from the liable party. Protect your right to take legal action against them by getting started on your case as soon as possible.
Our lawyers can work to streamline the process of seeking compensation and help you meet this deadline. Keep in mind that it takes time to build a case, and none of the steps, such as negotiating with an insurer, stall the deadline.
We Can Help Determine If You Should Sue Someone Who Has No Money
Our personal injury lawyers want to pursue justice for you. While suing a person who does not have money may make getting compensated a longer process, we want to fight for your recovery, regardless.
When you call Kaine Law, we can explore if you should sue someone who has no money during a free consultation. This way, you can get clear on your legal options. Call us today!
Call or text 404-214-2001 or complete a Free Case Evaluation form
