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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am a massage and myofascial release therapist. I billed

Customer Question

I am a massage and myofascial release therapist. I billed an insurance company for medical billing invoices to get paid for the work that i did on a patient. The insurance company gave me a hard time to pay at first, but eventually they did after i was persistent in following through. the patient's attorney had a lean on the case so the insurance company sent my checks to the attorney's office. The insurance company paid all the bills in full, but the patients attorney refuses to send me my checks because he wants one third. I told the attorney no because he doesnt work for me and i never hired him. i told him his client, who hired him, which is the patient that i treated needs to pay him, not me. I told him he needs to pay me my checks in full that the insurance company has sent to his office for me. He refuses to forward me my checks. I do not want to hire an attorney because i cannot afford to lose one third of my money. What should i do to make this attorney forward all my checks in full? He has been holding on to some of my checks since feburary and he refuses to forward them to me.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of litigation experience. It is a pleasure to assist you today. The first thing you need to do here is send the attorney a certified letter with a return receipt in which you demand the release of your checks in full within 7 business days of the postmark on the letter. Tell him if he does not release the money in total to you, that you will be forced to seek other legal remedies, which will most certainly include the filing of a bar complaint against the attorney for improper usage or withholding of funds. You are correct that the attorney needs to get his money from his client. This money, quite literally, has nothing to do with his service that he provided to the client. The money is due to you for your services rendered. If the attorney does not release the money to you within the specified amount of time, you need to file a complaint with the Michigan Bar Association relative to this improper misappropriation of your funds. The Bar Association will look into the matter and should be able to apply some pressure for release. You need to stay on top of them though too. If, for some reason, the bar drags their feet, I think you need to speak with your local district attorney about criminal prosecution. In effect, what the attorney has done amounts to theft or misappropriation of money. These are your best options short of hiring an attorney. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) so I can receive credit for my response. Best wishes going forward!
Customer: replied 1 year ago.
4stars. Can i just go straight to the local district attorney instead of doing all the other stuff?
Expert:  Delta-Lawyer replied 1 year ago.
Sure (Sorry for the wait by the way). You can go straight to the DA and use the other information for back-up shoudl the DA not cooperate. Let me know if there are any other questions. Also, there is a ratings interface on your end. If you could enter your rating on that interface, I would greatly appreciate it. Thanks!
Customer: replied 1 year ago.
4 stars
Expert:  Delta-Lawyer replied 1 year ago.
Thank you. I am sorry for the confusion, there is a ratings bar on your end that you can click one through five stars I only get credit if it is over three stars). I appreciate your attention to this matter. Thank You!
Expert:  Delta-Lawyer replied 1 year ago.
I did not see the rating go through. I wanted to make sure that if you have rated my answer on the ratings interface that there was not an issue. Thanks