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  1. #1
    Join Date
    Jun 2017
    Posts
    1

    Question Warrant in Debt Sent to Old Address

    My question involves collection proceedings in the State of: Virginia.

    I was hospitalized in Virginia back in 2014, and the bill come out with 10k+ net balance. I moved to New York in 2015. I contact the hospital back in 2016 where I asked for make a monthly payment, the agent told me she could not make that decision and have to ask a manager to call me back, but they never call me back. Then, My friend sent me an email today said she got a warrant in Debt in her mail that is under my name, which is an old address I lived in 2016. The WID dated May 19th, and the return date is June 29th, I received this on June 14th.

    I have no business or property in Virginia, am I still under Virginia Long arm statute? Also, they sent the warrant to the wrong address, if my friend doesn't live there I would never got the mail, am I suppose to respond to this case? Also Can I file a motion to move the case to NY or dismissal of appeal due to lack of jurisdiction or improper venue?

    I am willing to pay for the debt, but I cannot pay them at once, so should I just contact the hospital to set up a payment plan? I am guessing they will say no since they filed a court case.

    Any suggestion will be greatly appreciated. Thanks for taking time to read this post.

    Thank you again for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Warrant in Debt Sent to Old Address

    Don't ignore the lawsuit -- you will be defaulted.

    You can be sued in the state in which you were living and in which you incurred the debt, even if you have since moved. You can try objecting to the court's jurisdiction, but you should not expect to succeed. A lawsuit cannot be transferred from one state's court system to that of another state.

    Given that they would have to domesticate the judgment in New York to enforce it in that state, their lawyers may be more willing than you expect to dismiss and refile in New York, or to negotiate a settlement and payment plan. You won't know until you ask. If your financial situation is dire, you also have the option of bankruptcy.

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