If I received a warrant in debt from a hospital in onestate but I live in another state, is this a violation of the FDCPA?
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If I received a warrant in debt from a hospital in onestate but I live in another state, is this a violation of the FDCPA?
A hospital in VA sent me a Warrant in Debt for a hospital visit; however, they opened the claim in VA but I live in WV. Since this was opened outside of our state and county, would this be a violation of the Federal Fair Debt Collection Practices Act and be utilized as a defense against the warrant?
Asked on May 20, 2011 under Bankruptcy Law, West Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are indeed wise to think of the Fair Debt Collection Practices Act. Bottom line, Section 811 is full of wise information regarding where the creditor can sue you. In your situation, unless your contract was deemed to be in the jurisdiction of Virginia or you were treated in Virginia, then yes the creditor would have to sue you in the state in which you reside. This is based on traditional civil procedure rules regarding personal and subject matter jurisdiction. Assuming you were treated in Virginia, the treatment documents you signed (the form wherein you agreed to be responsible for medical payments in case your insurance failed to cover) were considered to be contracts signed in Virginia.
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