Can a Person on a Small Fixed Income Be Sued?

Yes, in the United States, anyone can be sued. The question then becomes, can you win and, if so, can you collect?

Lawsuits and Collecting Judgments

The simple answer is yes, but it doesn't necessarily mean you'll win or collect. The process of suing someone, winning the case, and actually collecting the money can be markedly different. It often hinges on the defendant's ability to pay a judgment.

What If You Win?

According to legal experts, those with a small fixed income are often considered at-risk defendants. If you do win a lawsuit, you may receive a judgment, but the likelihood of actually collecting that money is low. For example, in the author's own experience, after winning a small claims court case for damages due to a car accident, the defendant was deemed to be insolvent and no collection effort was made.

Liens and Future Earnings

Even if you win, some measures can still be taken. In the event of a positive verdict, a lien can be placed on the defendant's property, assets, and even future earnings. However, the practicality of enforcing such a lien is highly dependent on the defendant's financial standing and assets.

Factors Influencing Suing Prospects

While anyone can be sued, the likelihood of winning and collecting is influenced by several factors, including:

The defendant's current financial situation and assets The merits of the case The judge's decision and opinion at the time of the trial Whether other parties involved, such as businesses or establishments, could be held responsible for the damages The potential for public exposure and reputational damage to the defendant

For instance, in certain cases, even if the individual lacks current assets, legal actions may still be initiated against businesses or establishments involved due to negligence. This is particularly relevant in situations like a bar owner who might face liability if a patron is injured after being served alcohol.

Emotional and Financial Considerations

The decision to sue someone with a small fixed income is not merely a legal one. It also involves significant emotional and financial considerations. Winning a lawsuit but not being able to collect the judgment can be frustrating and often results in additional legal fees and time spent on the process.

For individuals in this position, it's essential to weigh the potential benefits of pursuing legal action against the practical challenges of collection. It is often recommended to consult a legal professional to assess the specific circumstances and potential outcomes.

Ultimately, whether it is truly worth pursuing a lawsuit depends on the unique situation and the potential for achieving a fair and just outcome.