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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112768
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am home bound and bed ridden with a disability, even with

Customer Question

I am home bound and bed ridden with a disability, even with this knowledge a person has filed a civil suite against me knowing that it is impossible for me to do what is claimed. Is this illegal
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ILLINOIS
JA: Has anything been filed or reported?
Customer: Yes, I also have both video and written proof that the injury claims are fraudulent, I have in no way been served or notified of court but apparently they are try to make me in default,
JA: Anything else you want the lawyer to know before I connect you?
Customer: The fraudulent injury claim did not happen on my property, it was a car accident that they claim I caused, like I said my disability could not allow me to do anything filled against me, is this discrimination against a disabled person
Submitted: 15 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 15 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes it can be deemed financial abuse of the disabled/elderly and also filing false police report since you have proof that you physically could not do what was alleged. Both of those are criminal offenses. However, it is also a frivolous suit and when you win the suit and prove that it could not have happened, you would be entitled to attorney's fees as well as costs and sanctions against the plaintiff for filing such a frivolous claim in the court.
So, yes, you can file false police report (if they made a police report) charges against them, you can also file financial abuse of the disabled/elderly charges against them for trying to seek financial gain fraudulently against you, but you also need to file a motion to dismiss the suit and fight the civil suit in court with an attorney and then seek all your damages/costs and attorney's fees from them for this frivolous action.
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