What Happens If You Sue Someone With No Money in California?
You’ve been injured. The person responsible drives an old car, rents a small apartment, and seems to have little to their name. Your medical bills are mounting, and their bank account appears empty. Should you even consider filing a lawsuit?
The answer is yes. You can absolutely win a case against someone who appears to have no money. The real challenge isn’t winning—it’s collecting. In California, securing a judgment and actually getting paid are two very different battles.
Before you decide it’s not worth pursuing, understand this: most “broke” defendants aren’t truly judgment-proof. They may have hidden assets, future income, or—most importantly—insurance coverage they’ve failed to disclose.
The road from injury to recovery can be complex and, at times, lengthy. But with persistence and the right legal strategy, even a case that seems hopeless at first can lead to meaningful compensation.
What Actually Happens When You Sue Someone With No Money in California
When you file a lawsuit against someone who appears broke, the legal process moves forward just like any other case. The court doesn’t check the defendant’s bank balance before allowing your lawsuit. You can still win your case, get a judgment for damages, and have the full force of California law behind you.
The judgment itself becomes a legal debt that follows the defendant for up to 10 years in California, renewable for another 10. It accrues interest at 10% annually. This means a $50,000 judgment today becomes $129,687 in 10 years without a single payment.
But here’s where reality hits. A judgment is just a piece of paper unless you can collect. California law provides several collection tools: wage garnishment, bank levies, property liens, and asset seizure. The challenge? You need something to actually garnish, levy, or seize.
The good news is that “no money” rarely means absolutely nothing. Most defendants have some combination of employment income, bank accounts, vehicles, or real estate. Even better, they often have insurance coverage that can satisfy your judgment regardless of their personal finances. The collection process might take time and strategy, but California law gives you powerful tools to find and claim what’s owed.
Can You Collect Money From Someone Who Has None?
The person who hit you might claim poverty, but California law lets you look deeper. The judgment debtor examination is your first tool. This court proceeding forces defendants to appear and answer questions under oath about their finances. They must disclose employment, bank accounts, property ownership, and any other assets.
Wage garnishment captures future earnings even if they have nothing today. California allows garnishment of up to 25% of disposable income or the amount exceeding 40 times minimum wage, whichever is less. Someone earning $60,000 annually could see about $7,500 per year going toward your judgment.
Property liens attach to real estate that they might inherit or purchase in the future. Bank levies can seize funds the moment they hit their account. Even that beat-up car might have value if it’s worth more than California’s $3,525 vehicle exemption.
The judgment also reaches windfalls they haven’t received yet. Did they just start a new job with a signing bonus coming? Are they expecting a tax refund? Will they inherit money from elderly parents? Your judgment captures these future assets automatically.
What Assets Can Actually Be Seized in California?
Not everything the defendant owns is protected. California law shields basic necessities but leaves plenty of assets exposed to collection. Knowing what you can and cannot seize helps set realistic expectations for recovery.
Protected Assets (Cannot Be Seized):
- Primary residence equity up to $600,000 (varies by county and circumstances)
- Vehicle equity up to $3,525
- Ordinary household furnishings and clothing
- 75% of wages (wage garnishment limited to 25%)
- Retirement accounts (401k, IRA, pensions)
- Public benefits (Social Security, disability, unemployment)
- Tools of trade up to $8,725
Assets You Can Seize:
- Bank accounts (above minimal exemptions)
- Investment and brokerage accounts
- Second homes, rental properties, vacant land
- Luxury vehicles, boats, RVs, motorcycles
- Valuable collections (art, jewelry, guitars, coins)
- Business equipment and inventory
- Accounts receivable from their customers
- Partnership interests and LLC membership stakes
Is It Worth Suing Someone With No Assets?
The decision to sue requires honest cost-benefit analysis, but several factors often tip the scale toward pursuing your case.
First, consider contingency fees. Personal injury lawyers typically work on contingency, meaning you pay nothing up front and they only collect if you win. This eliminates your financial risk. If an experienced lawyer takes your case on contingency, they’ve already evaluated it as worth pursuing.
Insurance coverage makes most cases viable. Even minimum coverage provides some recovery, and many defendants have more coverage than they initially reveal. Your lawyer can investigate coverage during the case, often discovering multiple applicable policies.
Future collectibility matters too. A young defendant might be broke today, but have decades of earnings ahead. A professional license, college degree, or trade certification suggests future income to garnish. The 10% annual interest means waiting can actually increase your recovery.
Consider the non-monetary benefits. Some plaintiffs need the vindication of a judgment regardless of collection. Others want to prevent the defendant from hurting others. A judgment can affect the defendant’s credit, employment prospects, and ability to hide assets.
Settlement leverage shouldn’t be ignored. Even defendants with limited assets often find money to settle when facing a judgment. Family might help, retirement accounts might be tapped, or they might take loans. The pressure of litigation motivates creative solutions.
How Long Does It Take to Collect From a Judgment?
Collection timelines vary wildly based on the defendant’s assets and cooperation. Insurance companies typically pay within 30 to 60 days after settlement or judgment. Personal asset collection can take years.
- Wage garnishment begins within weeks of serving the employer with garnishment orders. You’ll receive regular payments as long as they stay employed. Job changes require new garnishment orders, creating gaps in collection.
- Bank levies happen quickly but require knowing which bank they use. Each levy is a one-time grab of available funds. Repeated levies might be necessary as new funds arrive. Some defendants simply stop using traditional banking to avoid levies.
- Property liens are long-term plays. The lien attaches immediately, but might not pay off until the property sells or gets refinanced. This could take years or even decades. However, the growing interest makes patience profitable.
- California judgments last 10 years and can be renewed for another 10. This 20-year window provides enormous leverage. Life circumstances change. The broke defendant today might inherit money, win a lawsuit, or build a successful business tomorrow.
- Payment plans can accelerate collection. Many defendants prefer manageable monthly payments over aggressive collection. These voluntary agreements often yield faster, more complete recovery than forced collection methods.
What If They Hide Assets or File Bankruptcy?
Asset hiding is illegal but common. California’s Uniform Voidable Transactions Act lets you unwind fraudulent transfers made to avoid creditors. If they suddenly “gift” their house to a relative or “sell” their business for a dollar, you can reverse these transfers.
Signs of hidden assets include lifestyle exceeding reported income, sudden transfer of assets before a lawsuit, claiming poverty while maintaining expensive hobbies, businesses showing losses but expanding operations, or family members suddenly acquiring wealth.
Bankruptcy complicates but doesn’t necessarily eliminate collection. Personal injury judgments from intentional acts (assault, DUI) often survive bankruptcy. Fraud judgments are also non-dischargeable. Chapter 7 bankruptcy might eliminate the debt, but Chapter 13 requires payment plans that include your judgment.
Timing matters with bankruptcy. If they file before your case concludes, the lawsuit gets stayed. If they file after judgment, you might have already secured liens that survive bankruptcy. Quick action after winning your judgment can preserve collection rights.
Making the Decision: When to Move Forward
Start with a consultation with an experienced California personal injury attorney. They can evaluate insurance coverage, assess collection probability, and determine if contingency representation makes sense. Many firms offer free consultations and honest assessments about your case viability.
Remember that winning your case is separate from collecting your judgment. California law provides powerful collection tools that work over many years. The person who seems untouchable today might become very collectible tomorrow.
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