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Being sued in a state I haven't lived in for 3 years.

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Tram85

Junior Member
What is the name of your state (only U.S. law)? Virginia

I got papers today saying that I am being sued, by a collection agency from Missouri, however the are suing me in Jay County court, in Indiana. I have not lived in Indiana in 3 years... I live in Virginia. I dont know what the debt is for because I have never been contacted regarding this debt at all, until now. It is not on my credit report and I am suspecting that is because they have my last name spelled incorrectly on the paperwork. I cannot make it to Indiana for a court date, that is a 10 hour drive without kids.... with kids in the dead of winter, this is a two day trip for me. I dont know who I should contact, whether I should call the courthouse or the place filing suit against me and everything I see online says to consult an attorney before contacting anyone. Can anyone help with any sort of advice. Thank you!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia

I got papers today saying that I am being sued, by a collection agency from Missouri, however the are suing me in Jay County court, in Indiana. I have not lived in Indiana in 3 years... I live in Virginia. I dont know what the debt is for because I have never been contacted regarding this debt at all, until now. It is not on my credit report and I am suspecting that is because they have my last name spelled incorrectly on the paperwork. I cannot make it to Indiana for a court date, that is a 10 hour drive without kids.... with kids in the dead of winter, this is a two day trip for me. I dont know who I should contact, whether I should call the courthouse or the place filing suit against me and everything I see online says to consult an attorney before contacting anyone. Can anyone help with any sort of advice. Thank you!
I agree with FlyingRon that you will want to contact an attorney in Jay County and tell him exactly what you received in the mail from the collection agency in Missouri.

First, the debt collection agency must sue you in the county where you reside (which means they need to sue you in Virginia). But you still must respond to the complaint. If you do not answer the complaint, the court can enter a default judgment against you. In other words, this is not something you should ignore. Your summons should tell you what you need to do.

You will want to get from the court in Indiana a copy of the "affidavit of service" (or your attorney will do this for you). This will tell you how the process server says you were served with the summons and complaint.

You can have the suit filed against you in Indiana dismissed on whatever grounds are available - improper service, lack of jurisdiction, wrong person named (not your debt), statute of limitations ... whatever is applicable. The Indiana attorney you contact can file a motion to dismiss the suit on your behalf.

In addition, there might be an action you can take against the debt collection agency, for violation of the Fair Debt Collection Practices Act. Your attorney in Indiana can explain.

Do you suspect that you owe this debt (i.e., have you failed to pay on an account or two when you lived in Indiana)? If so and if the case filed in Indiana is dismissed for improper service or lack of personal jurisdiction, you could find yourself sued again over this same debt, this time in Virginia.
 

LdiJ

Senior Member
If he breached the contract while in Indiana they DO have personal jurisdiction. Rule 4.4A.
If the plaintiff was located in Indiana I might agree. However the plaintiff appears to be located in Missouri. Indiana has no interest in trying a case where neither the plaintiff nor the defendant reside in Indiana.
 

FlyingRon

Senior Member
If the plaintiff was located in Indiana I might agree. However the plaintiff appears to be located in Missouri. Indiana has no interest in trying a case where neither the plaintiff nor the defendant reside in Indiana.
Again, untrue. It only matters that the causing action took place in Indiana. Neither party needs to reside in Indiana in that case.
 

Tram85

Junior Member
Update: I called the courthouse

I contacted the courthouse and they gave me the information to the attorney who is representing the debt collector that is suing me. The bill in question is from a hospital from 2012. The debt was sold to a collection agency out of Missouri that is represented by this attorney in Indiana. The lawyer's office told me the bill is give or take around $5,130. I have never received any notice on this debt in particular. In fact, the courthouse said they have been attempting to contact me since 2013. They did not serve me, they mailed the papers to me. I am willing to set up payments. However, the lawyer said I have to go to Indiana for court. I cannot do that, it is a two day drive with the weather they have this time of year... And I have three kids, it is not an option for me to travel to Indiana for this. I do not believe Jay county court has jurisdiction over me to reside over a case and make a final decision when I don't even live there. In fact, Jay county is not even where this hospital is... It was located in Wells county, and the lawyer is in Deleware county indiana.
 

Tram85

Junior Member
Update.

Also, I contacted a lawyer in Jay County IN, who told me that I would need to contact a lawyer in VA, not in IN.... I have contacted a couple but they are out of town for the holidays. Is there a way I can file for being served improperly and file it myself? Again, I received the papers in the mail.
 

FlyingRon

Senior Member
Being mailed the summons by "registered or certified mail or other means by which a written acknowledgment is received" is service.

If you contracted for the service, they don't have to keep sending you bills or otherwise try to collect prior to suing.
 

CTU

Meddlesome Priestess
I contacted the courthouse and they gave me the information to the attorney who is representing the debt collector that is suing me. The bill in question is from a hospital from 2012. The debt was sold to a collection agency out of Missouri that is represented by this attorney in Indiana. The lawyer's office told me the bill is give or take around $5,130. I have never received any notice on this debt in particular. In fact, the courthouse said they have been attempting to contact me since 2013. They did not serve me, they mailed the papers to me. I am willing to set up payments. However, the lawyer said I have to go to Indiana for court. I cannot do that, it is a two day drive with the weather they have this time of year... And I have three kids, it is not an option for me to travel to Indiana for this. I do not believe Jay county court has jurisdiction over me to reside over a case and make a final decision when I don't even live there. In fact, Jay county is not even where this hospital is... It was located in Wells county, and the lawyer is in Deleware county indiana.
So the bill is yours is yes?

I fear you may be prolonging the inevitable.
 

Tram85

Junior Member
Update

Yes the bill is mine. I do not mind arranging payments... I would rather avoid court all together as I don't want a judgement against me. My thing is... Do I still need to go to the court date that is in Indiana? I would rather just arrange payments or settle... When I contacted the lawyer who represents them she said I needed to write them a letter stating that I want a write up of the monies owed. The court date is in a month. What if I run out of time in writing letters back and fourth with this attorney and the court date hits and then there is a judgement against me because I didn't show up to a court date... I would go if the court were here, but it's not a realistic drive for me. Should I contact the debt collection agency itself or just do as their lawyer has stated? Should I obtain my own lawyer and attempt to push the court date back, or have it moved here to VA? I am online reading a million different things.
 

LdiJ

Senior Member
Also, I contacted a lawyer in Jay County IN, who told me that I would need to contact a lawyer in VA, not in IN.... I have contacted a couple but they are out of town for the holidays. Is there a way I can file for being served improperly and file it myself? Again, I received the papers in the mail.
You are explaining something, somewhere, wrong. If you have been sued in an Indiana court, an attorney in Jay County IN would not be telling you to contact an attorney in VA. They would know that you needed to deal with the issue (even if only to get the case dismissed) with an Indiana attorney.

Contact another Indiana attorney and try explaining things more clearly.
 

Tram85

Junior Member
Update

OK, I took your advice and called another attorney in Jay County and this attorney helped me with the answers I needed. Thank you all for your help.
 

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