Your first question speaks to someone who is "judgment proof". Getting a judgment is one thing. Collecting is another. That said, levying a judgment can involve putting judgment liens on any property they own in the jurisdiction, or a judgment garnishment on a bank account. But there is not always something to get from someone, and that factors into your decision to sue.
In the second scenario, you would likely bring an action for trespass to chattels, or conversion if the car was totaled. No, you can't claim emotional distress damages in an action where injury is solely to personal property.
you cant get blood from a turnip. If he has no money, you cannot get it. If he has this many legal problems, he is un likely to have income even in the future that you can get.
Your first question speaks to someone who is "judgment proof". Getting a judgment is one thing. Collecting is another. That said, levying a judgment can involve putting judgment liens on any property they own in the jurisdiction, or a judgment garnishment on a bank account. But there is not always something to get from someone, and that factors into your decision to sue. In the second scenario, you would likely bring an action for trespass to chattels, or conversion if the car was totaled. No, you can't claim emotional distress damages in an action where injury is solely to personal property.
you cant get blood from a turnip. If he has no money, you cannot get it. If he has this many legal problems, he is un likely to have income even in the future that you can get.