Legal Question in Criminal Law in Massachusetts

My husband's doctor handed him a bill (photocopy of insurance automated remittance advice, not even a bill) on Friday evening during his last followup appointment from foot surgery and wanted him to pay it right there. My husband told him he would discuss it with me, and he would take care of it. On Saturday, the doctor called us 6 times for payment. When I spoke to him, he stated he didn't want to do payments, kept insisting that I give him my credit card #. He finally stated that if we didn't give him the number that he would have to contact my husband's boss and tell him he could return to work on Monday, even though he already signed a form for Thursday return. And when that didn't work, he threaten that he would put us into collection, even though the bill wasn't even 24 hours old. Is there anything legally we could do about this? Would this be considered extortion ?


Asked on 2/23/10, 2:47 am

2 Answers from Attorneys
Leonard Milligan Milligan Coughlin LLC

That is certainly a troubling accusation, for several reasons. First, the are state and federal laws governing what a creditor can do (or even threaten to do) to collect a debt. I suggest you document as much of the facts recited in your question as possible (phone bill, etc). You should then contact an attorney or the state attorney general with your questions. So, yes, there are many options for legal recourse.

Extortion is often defined in Massachusetts law as " the wrongful use of fear to compel the alleged victim to surrender something of value to the extortionist.� I'd need to know more about your situation, but I suspect it depend upon how "wrongful" his acts were.

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Answered on 3/01/10, 7:33 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If true, the Doctor is being a jerk. The Doctor is violating debt collection law and this is an invasion of your privacy. Moreover, this may also be an ethical violation.

Call me with any questions at 978-749-3606.

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Answered on 3/01/10, 8:41 am


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