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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38086
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a dealership with handicapped access but one lawyer

Customer Question

I have a dealership with handicapped access but one lawyer sue me with the picture said some handicapped people came to my lot and see my own sales cars are parked on the handicapped spot and ask for $4000
Plus how I can reply a summons without hire a lawyer for this case
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

It appears that you are being sued over an allegation that you did not comply with the state ADA (Americans With Disabilities Act) requirements of providing handicapped accessible parking for them. That, potentially, may be a valid claim against you if what they are alleging is true. You as a business owner are required to provide equal access to those who have disabilities, and that includes providing parking for them that is accessible for their needs.

To respond to their summons, you do not need an attorney. You can go to the local county law library and obtain templates from them for how to file a proper answer, or you can use the templates below so as to get an idea of how your answer is supposed to appear:

http://www.northwestregisteredagent.com/lawsuit-answer.html

Also go to this site to print out a proof of service so as to ensure that your notice was properly received by the other party.

http://www.occourts.org/directory/civil/how-do-i/file-a-response.html

Good luck.

Customer: replied 1 year ago.
But I do have the handicapped access
But the picture shows couple cars parked on that spot
We still need pay the person?
Expert:  Dimitry K., Esq. replied 1 year ago.

Linda,

Thank you for your follow-up. I did not say you have to pay this person, merely that if the vehicles that were parked on that spot were yours that you were selling rather than vehicles belonging to handicapped visitors, that it would provide some merit to their cause of action. Please understand that I was not there, I am simply evaluating the situation based on the information that you have provided, and that is what I am basing my answers on. Even if you were in violation does not keep you from being able to fight and contest their cause of action against you via filing an answer and forcing them to go forward with their claim.

Good luck.

Customer: replied 1 year ago.
But we never see that people came my
on summon said the guy came on 11/28/2012
I talked to the Lawyer he said the handicapped
people came on 11/29/2012 he said he will
Amended the summon can he do that ?
Expert:  Dimitry K., Esq. replied 1 year ago.

Linda,

Yes, he can do that. If there is an error, an omission, or additional facts are required, the plaintiff is able to file for an amended petition that more accurately describes the underlying situation. I am sorry if you never saw those people, if they have an image from being there and can show vehicles parked at those spots who are not visitors, they do have a viable claim to pursue. My apologies on being honest with you, but I believe that if you have the most accurate and valid information (even if that information may not be in your favor), that you will be able to have a better ability to make decisions going forward.

Good luck.

Customer: replied 1 year ago.
so your suggestion is settle with them
If I go to court if I loose I need to pay $4000 and their lawyer fee right
and you think I have no chance to win right ?
Expert:  Dimitry K., Esq. replied 1 year ago.

Linda,

I did not make such a suggestion. I am not your attorney and I cannot suggest an option for you, I can simply explain what options you may have and what considerations to pay attention to. Anything else would violate site rules that you also agreed to when you chose to post a question for us to answer.

If you end up losing the case and the other parties request attorney fees, the judge could choose to award them against you. If that happens then yes, you will have to pay attorney fees as well. But having said that, there is always the ability to prevail. Since I do not know all of the facts, I cannot tell you how strong your claims may be, but no claim is ever 100% one way or another, there are always means under which a party can prevail.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38086
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I want you review the settlement is that ok?
Customer: replied 1 year ago.


if I signed the settlement already do I need to reply to the summons still?


linda

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    Dimitry K., Esq.

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    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.