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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114699
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a Marriage, Family Therapist practice in California.

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I have a Marriage, Family Therapist practice in California. My longtime contracted records and billing person asked me if she could continue her services with me including interacting (getting authorizations, resolving non-payment issues etc.) with insurance companies on my behalf as she prepared for accompaning her husband with his military transfer to Fort Knox, Kentucky. Our verbal agreement at that time was that in the event that she wished to resign that she would help locate and fully train a replacement.
Now although I have a recent email from her stating that she will stick with me until the person (I located) can get on board she is very non responsive. That said; she has all my billing information for over 7 years as well as only she knows the insurance companies' phone, fax, address, contact persons, status of claims, etc and she has not refused but she is not responding to my requests for my information.
What are my options?
Unfortunately, a verbal agreement is not enforceable under the statute of frauds, which requires written agreements in order to be enforced in court. However, she cannot withhold your documents and information as long as you have paid her for what she is owed. If she is not turning over material that belongs to you and will not contact you to make arrangements to turn them over to you, then your last recourse would be to file suit for "replevin" in the superior court in KY where she and the property are located and get the court to order her to surrender your property to you.

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