The IRS rejected my first 2015 Return due to not giving them my 1095-A. They sent me a letter and asked that I give it to them along with a completed 8962 Form. I was puzzled due to the fact that I had given them a 1095-B, showing that me, my Husband and son were all Insured the entire year of 2015 by Florida Medicaid. I called them and they said that they showed I had insurance with Obamacare. Well....I called the Healthcare Marketplace and they informed me that a Man had put in an application for me to be insured by the Affordable Care Act. He even got my birth date wrong and so on. He even went to the lengths of saying I worked for his company and made $11,800/year and so I was "covered" for five months. I informed the Representative at the Healthcare Marketplace that it was Fraudulent Application and I NEVER applied for Obamacare because I had Medicaid and I never worked for that company as well. She put in a Fraud report and filed it with her company. After all that, mind you I filed my taxes on February 29th and got the Rejection letter from the IRS on March 21st so I faxed all the information that the IRS wanted which was the Fraud 1095-A Form, my CORRECT 1095-B
You can consult with a civil attorney, however this is a type of case you would have to pay the attorney up front for his fee.
"Can I sue _______" is not a criminal defense question; It is a civil law question.
Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.
If you want to increase your odds at getting a competent answer then you should repost this question and list "lawsuits and disputes" and not "criminal defense" as a practice area. In fact, I will do this for you....
I hope that I have been helpful in properly re-directing your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
As stated before, you need a different forum.. Not criminal.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Law office of Bryan E. Neal PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
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