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Sued in small claims court in another state

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vamil93

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

I was served a summons to appear in small claims court in Indiana via certified mail. I previously lived there about 3.5 years ago. The plaintiff is a doctor's office.

What recourse do I have? I cannot afford to drive several hundred miles and take time off from work to appear in Indiana. I do believe the complaint is not valid. Although I did see the doctor the amount being sought seems very excessive for a couple of doctors visits. Is there anything I can do to avoid a default judgement? Thanks in advance for any help offered. This forum is a great resource.
 


jiggy78

Member
You admit you received medical care. Did you not pay for it at all? Contact the doctors office (or their attorney) and offer to pay what you consider to be reasonable. They may accept or counter-offer.
 

OHRoadwarrior

Senior Member
An initial office visit can run into the hundreds of dollars easily. Your time to object about the price of the visit, was before you went to see the doctor.
 
What is the name of your state (only U.S. law)? Virginia

I was served a summons to appear in small claims court in Indiana via certified mail. I previously lived there about 3.5 years ago. The plaintiff is a doctor's office.

What recourse do I have? I cannot afford to drive several hundred miles and take time off from work to appear in Indiana. I do believe the complaint is not valid. Although I did see the doctor the amount being sought seems very excessive for a couple of doctors visits. Is there anything I can do to avoid a default judgement? Thanks in advance for any help offered. This forum is a great resource.
Is the doctor represented by a collection agency or attorney? If so they have committed an FDCPA violation by filing the suit against you outside of your current jurisdiction. Check the papers over carefully. Unfortunately if the doctor's office is suing you itself with no representation they're allowed to do so where you received the services. The judgment will be costly and difficult to enforce, but it will be part of your credit record for 10 years.
 
Rubbish - absolute rubbish.
Zigner, you are absolutely correct. I went back and re-read the statute. Memory failed me on that one. They can bring legal action where the contract was signed. OP please ignore my advice regarding a possible FDCPA violation, there isn't one here as long as they are suing in the same county where the doctor's office you received the services is located.
 

vamil93

Junior Member
Thanks for the replies. The insurance I had at the time had co-pays for office visits. We are talking 2 or 3 visits. I also noticed that the date for account opening on the affidavit of debt differs by quite a bit from the date on the signed patient registration they attached as proof of my agreement. Should I call the court and explain that I do not live in the state and can't travel to attend the hearing? Can I point out the discrepancy in the complaint by mail? Is there anything that can be done, short of traveling several hundred miles? Thanks again.
 

Zigner

Senior Member, Non-Attorney
A few co-pays??? Just pay what they're asking for. It's the most logical thing to do.
 

jiggy78

Member
So all this is over 2 or 3 copays? Or did your insurance not pay what you thought it should pay?

Here are your options:

1. Pay them now
2. Offer a lower amount to settle it.
3. Go to court and take your chances
4. Don't go to court, lose by default, and then pay even more in fees and interest.
 

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