Legal Question in Credit and Debt Law in Virginia

Response to Debet

It's a $400 debt that was already paid by a health insurer that they claim was not. I have since moved and my worry is that they sent a letter saying that their next step is levying my assets and to ''govern myself accordingly.'' I don't know what that means and if they intend to show up at my house to take my car. They are a Va. based firm and I live in La.


Asked on 3/26/09, 10:21 am

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Response to Debet

You may have a case against the debt collector under the Fair Debt Collection Practices Act. Feel free to contact me if you need further help or a referral.

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Answered on 3/26/09, 10:35 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Response to Debet

They cannot do anything without first suing you in court and winning.

The danger would be if they don't have your current address and they sue you at your old address, you don't know about it, and you lose by default.

If they sue you and you know about it, you simply tell the court that it was already paid.

Under the Fair Debt Collection Practices Act (a Federal law), they MUST file suit in the County in which you live.

So make sure they know where you live (the opposite of what you would think).

And make sure you tell them it has been paid by insurance already.

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Answered on 3/27/09, 5:38 pm


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