Creditor Lawsuit Filed in Wrong State

[daedalus]

Hi,

Just received a document by regular mail called a Warrant in Debt (Civil Claim for Money) filed by an old dentist. Problem is the dental work was performed over two years ago (poorly) in another state (VA). I relocated to my current address (NY) about two years ago, and the dentist office has this on record. Their attorney even sent the Warrant in Debt directly to my new address. My question is can they sue me where the services occurred or must they sue me where I currently live? Can anyone point me to where I can find this information?

There is a section on the back of the document that allows for me to object to the venue. I definitely plan to fight this, and this is just the first step. Thanks.

[AngelinaCatHub]

The venue is where the incident occurred. If you were there then the venue is correct. If you attempt to change the venue you probably won't win. How much is this and are planning to file bk? If you have or do, the automatic stay would stop all this stuff. 'Hub

EDIT: I see you filed. Simply send your docket number with a note. They can't continue. Send it to the Plaintiff lawyer as well as the Clerk of Court. 'Hub

[GoingDown]

Interestingly, I was also sued in Virginia eventhough I never even stepped foot there. This was for a CapOne credit card debt, and it was also called a "Warrant in Debt". They also had some fine print about changing venue. I ignored it and they got a default judgment against me.

I think they should have sued me in Arizona, but in some ways, I'm glad they didn't, because they have never domesticated the judgment and never done anything with it.

If you filed bankruptcy, I would certainly send them a strongly worded letter and information about your bankruptcy case to both the plaintiff and the attorney by certified mail. You probably should also notify the court of the bankruptcy. There may be some form you have to submit or you may have to file a written answer to the lawsuit stating this.

I have noticed it on several local court dockets where some creditor filed a lawsuit against someone and then the defendent filed a notice of bankruptcy and then case gets dismissed.

If you do nothing, you might end up with a default judgment which would then have to be vacated later on. So, it definitely must be fought against.

[IamOld]

Cap One ROUTINELY sues in Richmond City General District court because they don't do it with outside counsel, but in house staff. Do nothing, and then they have a nice default judgement on you which they can and will "domesticate" to your state.

To Original Poster - fill out the back of the form, send it back to the clerk of the court RETURN RECEIPT REQUESTED and object to the venue. Cap One has to sue you where you live NOW (unless of course OP doesn't object.) Object to the venue...AND do it ASAP!! and then watch the court's website to see what is done.