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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33938
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am a victim of a malicious, spite claim via the MSPCA and

Customer Question

I am a victim of a malicious, spite claim via the MSPCA and want to discover my rights to rebut this claim. MSPCA is of no help. I know the claimant is anonymous but I want to expunge this 'private' record. The complaint has become public within my vets
office and that has slandered my reputation as a loving, caring pet owner in a close knit vet community. I need someway to prove all parties are wrong (and I believe this was done by a non profit in regards ***** ***** and a personal issue).
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. You mention "expunge this private record". What record and who has it?
Customer: replied 2 years ago.
he record is within a non profit org (MSPCA, part of ASPCA I think). However private these records are admittedly used in cases that are prosecuted. I would think even the history of these 'private' complaints can be used against me in any future action.
Customer: replied 2 years ago.
i know this is a spite claim
Customer: replied 2 years ago.
are yuo still there? confusing screen here
Customer: replied 2 years ago.
is anyone there?
Expert:  Dwayne B. replied 2 years ago.
I am here.
Expert:  Dwayne B. replied 2 years ago.
We are just helping multiple people and don't wait in one question while someone responds. That's the reason we're able to do this for the prices the website charges.
Expert:  Dwayne B. replied 2 years ago.
What you would have to do in a case like this is to file a lawsuit and there are a couple of them to consider, none of them simple.If you just want to find out what it says and sue the person that sent in the report then what you can do is file a slander/libel and potentially a harassment case against "John Doe, an unknown person" and then subpoena the records from the SPCA. There won't be any type of state immunity that they can claim and so all of their files should be obtainable through subpoena. Another method is through a lawsuit just for discovery. Some judges allow these where the lawsuit is filed just to determine facts and make the decision on whether a "full blown lawsuit" is necessary. The third type of lawsuit would be some type of injunction against the SPCA to prevent them from using, disseminating, releasing, etc. the information they have on you. Plus, you can combine the first and third lawsuits together and even, potentially, sue the SPCA for slander if they released information that wasn't true.
Expert:  Dwayne B. replied 2 years ago.
Unfortunately, you are probably going to want a lawyer for this since 1) this isn't a "typical" lawsuit so you're not going to have any forms available and it isn't a simple set of facts and issues and 2) if you try to do it yourself you are likely going to spend hundreds of hours just researching the law to get up to speed. This is going to involve issues where you have to absolutely understand complicated issues of law and be able to process and respond to questions and other matters as soon as they arise, possibly within seconds in court.
Expert:  Dwayne B. replied 2 years ago.
I'm sure you have additional questions so please ask them in this thread.