dburns920

Warrant of Debt Sent to wrong address

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Hello,

 

I just received a warrant of debt from a hospital.  I am not saying we did not rack this up through an emergency visit.  but would like to know what to do next?  as well as can i get out of it.

 

When i received this debt, on the mailing envelope it is to the wrong address.  when reviewing the paperwork inside, it is in my name, but the wrong address as well.  it was sent to someone elses address in my neighborhood and brought it to me.

Can i get out of this debt due to a technicality?  

thank you!

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1 hour ago, dburns920 said:

Can i get out of this debt due to a technicality?

No.  The problem you have is when you raise the issue of improper service you will have to admit to the court that the neighbor brought the papers to you.  The court will do one of two things:  dismiss the service as improper and require them to refile with the correct address then they will simply re-serve the summons.  OR, the court will determine that you were properly served and simply allow them to correct the clerical error on the address.  You are the correct person and you DO have the summons.  Those two issues are critical.  At best it will simply buy you a small amount of time before they serve you at your correct address it will NOT cancel the debt or prevent a trial from happening.

 

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Since you do have the summons, the clock is now running on the time allowed to submit your answer.  Not sure if you are using an attorney or proceeding on your own (pro se), but if you don't answer, the Plaintiff wins via default judgement (or whatever they call it in your courts).  And that sucks!

Focus on answering the complaint.  Here is the overall court site http://www.courts.state.va.us/main.htm

They also have a pamphlet that provides an overview of the process at www.courts.state.va.us/courts/circuit/circuitinfo.pdf  

 

 

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