QUESTION

What can I do if I am being sued if I’m not the business owner and I can’t afford an attorney?

Asked on Dec 11th, 2015 on Landlord and Tenant Law - California
More details to this question:
I received a summons for the lawsuit back on November 24. I've forwarded all documents to my insurance company but so far I haven't heard back from them, claim adjuster claims there might not be coverage against this type of ADA case. I’m not the business owner but my father is. We are a small business that can’t afford to payout large sums of money to settle this case. I’ve also read these people get away with this type of lawsuits because it is more expensive to legally fight the case than to pay to settle the case.
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2 ANSWERS

First contact the insurance adjuster and tell them they have had more than enough time to get a "coverage report" and if she can not make a decision immediately, you want to talk to the head of the claims department. If it is a personal injury claim [some accident caused the injuries], the attorney will have put in an allegation for negligence so your insurance should have coverage. if needed, call several local disability rights groups to see if they know anything about this attorney. If you personally did nothing to cause the discrimination, mail a letter to the attorney and tell him your are neither the owner nor one who did anything illegal and you what little money you have is protected under the law as to garnishment [taking a part of your paycheck; also, your father can figure out how to pay you not in cash-pay your rent, buy your food, etc]. State that as a point of principle you will fight the case. Assuming he had you properly served with the summons and complaint, if he has no case against you, tell him you will complain to the California Bar Association and if he goes forward after you, ?you will demurrer [legalese for object] and file a motion under Calif. Code of Civil of procedure section 128.7 for sanctions against him personally for filing a frivolous suit, both in fact and legal and with an evil intent to harass you.sue him personally under CCP. If that does not work, or your father gets sued, post again with the detail of his claim and status of the case.
Answered on Jan 08th, 2016 at 4:29 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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You heard correctly. There are a number of "law firms" who exclusively practice this type of "legalized extortion". Unfortunately, until the laws are changed, you only have 2 options: pay or fight. Good luck.
Answered on Jan 05th, 2016 at 1:48 AM

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