Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Professional license question. I have a healthcare license.

Customer Question
Professional license question. I...
Professional license question. I have a healthcare license. I owe money to a company and they have filed a complaint to my board, but in the complaint, they don't state that I owe them money, they state medical insurance fraud and withholding medical records.
I was told by another attorney that this is considered malicious prosecution. What can be done about this?
Submitted: 11 months ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 1 minute by:
9/8/2017
Business Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,389
Experience: Practicing for over 20 years and helped a number of businesses with litigation.
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Business Law Question
Business Lawyer: Dwayne B., Attorney replied 11 months ago

Please allow me some time to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Ask Your Own Business Law Question
Business Lawyer: Dwayne B., Attorney replied 11 months ago

It could be considered malicious prosecution as well as potentially slander, fraud, and other causes of action. In addition, there could be some violation of the state Fair Debt Collection Practices Act but not the federal.

To pursue them you would have to hire a lawyer and file a lawsuit in the state court system asking for damages and, possibly, seeking an Injunction against them continuing with actions such as this. There is no state agency which would directly regulate their conduct so the courts would be your only recourse. You could possible collect damages, punitive damages, and attorney's fees if there is a violation of the state Fair Debt Collection Practices Act.

While, in theory, you could bring the lawsuit yourself without an attorney realistically this would be way too difficult as there are so many potential causes of action that it is going to require a great deal of legal knowledge as well as legal research to pursue the case.

You may be able to have the same attorney represent you in the matters before the board as well as the lawsuit.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Ask Your Own Business Law Question
Customer reply replied 11 months ago
I don't really care to collect, I just want to scare them into removing the board complaint.
Business Lawyer: Dwayne B., Attorney replied 11 months ago

Legally, you can't threaten them to make them drop a complaint. That is both illegal and would be unethical under your code of ethics. However, you can discuss that with your attorney and have them send the letter threatening the lawsuit then he can orally tell them that if they dismiss he will not pursue the case. Since this is your attorney trying to reach a settlement agreement as opposed to you it would not be regarded as the same thing.

Ask Your Own Business Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Practicing for over 20 years and helped a number of businesses with litigation.

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,032 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

683 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I need answers about money taken from me from an online
I need answers about money taken from me from an online securities stock trading corporation. … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I need medical lien form for insurances. We are medical
I need medical lien form for insurances. We are medical clinic and treating patients after MVA. We need to put lien on all insurances payments. We had bad experience when patient took insurance check … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
So my girlfriend works optometrist. She handles insurance
So my girlfriend works optometrist. She handles insurance billing etc. Her office manager just told her that she wants her to start charging people more than their insured allowable amounts because th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently got served a class action lawsuit against me and
I recently got served a class action lawsuit against me and my Corporation which I am the sole shareholder. The allegations were very broad, somewhat unclear and the time frames are from April through… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a delivery service. My drivers "independent contractors"
I have a delivery service. My drivers "independent contractors" each have a "S" corporation, liability insurance, business license, and medical insurance. Other companies who say they have independent… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
Will the Ohio Department of Insurance complaint form be worth
Will the Ohio Department of Insurance complaint form be worth filling out for medical physician's office claims that arbitrarily got "lost" by the insurance company? A new tactic (seems to have been s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
I HAD MY ROOF RPLACED BECAUSE OF STORM DAMAGE THE INSURANCE
I HAD MY ROOF RPLACED BECAUSE OF STORM DAMAGE THE INSURANCE PAID FOR THE REPLACEMENT. THIS WAS DONE IN 2011 FALL TIME. I STARTED GETTING LEAKS THIS SUMER WHEN WE HAD THE REALLY BAD DOWN POURS, MY KITC… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
PAULMJD: Stressed with State dental Medicaid Audit. I
PAULMJD: Stressed with State dental Medicaid Audit. I am a general dentist participating with smile for children program. It's something I feel passionate about to give back to the community one day a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Ca. Bought an insurance business May 2007 for ALOT
I live in Ca. Bought an insurance business May 2007 for ALOT OF MONEY. I bought the business based on the "info"provided about the biz. 8 months later - forced rate reduction of 33% N 15.9%. I have be… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
Bought a healthcare business 2 years ago. The sellers broker
Bought a healthcare business 2 years ago. The seller's broker presented the business with long history (20+ years) and pre-approved by SBA loan. The 3 years revenue filed to IRS show steady increase o… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,232 satisfied customers
If a person uses a company he owns and sues an insurance agency
If a person uses a company he owns and sues an insurance agency for insurance commissions totaling more than $100,000.00, knowing that his company does not have a valid insurance license and therefore… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Question about affidavit I am in a buisness dispute. I purchased
Question about affidavit I am in a buisness dispute. I purchased a business a year and a half ago. I need to prove fraudulent statement a business seller made on earning. In order to prove the fraud, … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Hi there, we received your feedback, and have filed a formal
Hi there, we received your feedback, and have filed a formal complaint with the state. After reading your response, we documented all of the incomplete and shoddy work that has been done. They are thr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi there, we received your feedback, and have filed a formal
Hi there, we received your feedback, and have filed a formal complaint with the state. After reading your response, we documented all of the incomplete and shoddy work that has been done. They are thr… read more
J.Hazelbaker
J.Hazelbaker
Attorney
Doctoral Degree
393 satisfied customers
Paid $16000 for a down payment to start a remodeling project.
Paid $16000 for a down payment to start a remodeling project. A week later, project is stopped due to discovery of termites. We are in harsh negotiations with the homeowner as we attempt to come to a … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What protection or remedy is there against a malicious lawsuit
What protection or remedy is there against a malicious lawsuit in NY State? A customer of ours closed his doors at the end of May 2010, and fired his employees. We then stopped shipping product to him… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
we have a vindictive attorney suing us for the second time.
we have a vindictive attorney suing us for the second time. She tried toextort money once prior to that, but had done NO due diligence on her client. He had lie about pretty much everything on his app… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x