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What happens if I am sued in a personal injury lawsuit and have no assets ? What can happen to me ?

Fort Lauderdale, FL |

What happens if I am sued in a personal injury lawsuit and have no assets ? What can happen to me ?

Attorney Answers 5


If you are covered by insurance, insurance can pay a judgment up to the amount covered by insurance and you would be responsible for the rest. If you don't have insurance and a judgment against you is obtained, collection can be pursued through garnishment of some, but not all, types of income. Also, so long as they are properly recorded, judgments in Florida are enforceable for twenty years, and they accrue interest during that time, so if you acquire assets, collection could come later on. You should consult with an attorney about the specifics of your situation.

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Well hopefully if you purchased bodily injury coverage, your insurance carrier will provide a defense and may even pay for damages you created.

Over and above that, if your carrier cannot obtain a complete release from the plaintiff you may be personally on the hook for any damages sustained by a court. Your lack of assets may practically mean any judgment will be essentially worthless, but that's only if you continue not to have any assets. As stated above, the judgment can hang around for quite a while.

Good luck

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Ms. Morcraft is correct. I would suggest you contact a bankruptcy lawyer for advice regarding your issue.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at and put AVVO in the subject line.

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It’s hard to take blood from a stone. So, not much- Unless you were driving without insurance or drunk. Absent drunk driving there are simple solutions for almost every problem that may arise from your circumstance. Start by calling your insurance company and ask to speak with the lawyer assigned to you.

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Probably not much in reality. If you have insurance let them worry about it. If you don't have insurance, judgments for certain types of damages can be avoided in bankruptcy. If you want to be proactive you can go ahead and speak to a bankruptcy attorney about your financial situation.

This communication is not intended to, and does not, create an attorney-client relationship.

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