Legal Question in Credit and Debt Law in Virginia
Warrant in Debt for unpaid medical bills. I received a warrant in Debt in the mail three days before the initial hearing date and it was for someone with a similar last name as me but not mine. Also, the affidavit, and the paperwork the plaintiff showed me in court that day have the last name as the one on the WID. I myself was never served anything, nor sent any bills from company or plaintiff stating I owe a balance. Now that I've pointed out that the defendant name is not mine, the plaintiff has changed the name on his bill of particulars to my last name.
Can he actually proceed with this case? He filed an affidavit, and a Warrant in Debt, along with prior bills and itemized statements under one specific last name. But all the newer information is under my name, of which he changed after the fact. Do I have a defense here? I cant believe I would be held responsible for someone elses bill especially by and attorney that cant even be responsible.
1 Answer from Attorneys
If the case was not dismissed at the first hearing then you will have to file an Answer and Grounds of Defense by a date certain in response to the plaintiff's Bill of Particulars and, of course, you should include therein in your defense all of the relevant facts which point to you as the wrong person named as a defendant in the warrant.
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