Being Sued for Medical Debt in Virginia
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If you received court papers saying a hospital or debt collector is suing you over a medical bill, you need to take action. This is called a debt collection lawsuit, and it means someone is taking you to court to try to force you to pay.
If you ignore the papers and don't go to court, you will automatically lose. The hospital or collector will win a judgment against you, which means they can take money directly from your paycheck or bank account.
Although you are being sued, you have options, and medical debt lawsuits have some important protections that other types of debt don't have.
The most important thing to know: hospitals are required to give you the opportunity to apply for financial assistance before they take legal action against you. This means before they can sue you or take money from your paycheck or bank account, they should have offered you a chance to apply for help with your bill. Many people qualify for reduced or even completely forgiven bills.
If a hospital sued you without offering you this chance, they may have broken the law, and that's a defense you can use in court.
Don't panic, but don't wait either. The sooner you act, the more options you have.
What is the deadline to sue me for medical debt?
In Virginia, there is a time limit for suing you. This is called the statute of limitations.
For most debts, that limit is 5 years from your last payment.
Read more about whether your debt might be too old for you to get sued.
I received papers about a lawsuit. What should I do?
Court papers, also known as a Warrant in Debt, will tell you that you are being sued.
Check if the papers are real
Your court papers will say which court your case is in. Search for your name in that court system:
If a case exists, you'll be able to see:
- The case number
- When it was filed
- When you were served papers
- The hearing date
Check your deadline
Look at when you need to respond. If your case is in Circuit Court, you have only 21 days to respond and dispute the debt. This is known as filing an Answer. This is a hard deadline.
Most medical debt cases are in General District Court. In General District Court, you don't have a 21-day deadline. You just need to go to your court date.
Check if the hospital offered you financial assistance
The hospital or collector should give you the option to apply for financial aid before they sue you.
See the section below if the hospital did not offer you financial assistance
Go to court
Don't miss your court date. If you don't go, you automatically lose.
Can I still apply for financial assistance if I'm being sued?
Yes. Apply right away.
Tell the court you want to apply for financial assistance. Bring the application to court. Show the judge you are trying to get help.
The judge might:
- Give you more time to complete the application
- Pause the case while you apply
- Tell the hospital to review your application
Don't skip court just because you applied. Go to court and explain what is happening.
Read more about how to apply for financial assistance.
What if the hospital never offered me financial assistance?
If the hospital is suing you and they never gave you a chance to apply for financial assistance, this is wrong.
Tell the judge at your court hearing that you were never offered financial assistance. Bring proof if you have it:
- All letters you received from the hospital
- All bills
- Any other documents
Ask the judge to pause the case so you can apply for financial assistance.
Does making a payment restart the clock on my medical debt?
Possibly. This is an area where the law is not completely settled, and it's worth being careful.
In general, making a payment on an old debt or signing something that says you owe the money can restart the statute of limitations. This gives the collector more time to sue you.
Medical debt has some additional complications worth knowing about:
If you have an ongoing relationship with a hospital or provider, like if you receive regular treatment, any new visit or charge could potentially restart the clock on older debt on the same account.
If a hospital never told you what something would cost before you received care, it's hard to say you agreed to pay that specific amount. This is a defense some attorneys have used to challenge medical debt in court.
If you have old medical debt and a collector is asking you to make a payment or sign anything, talk to a lawyer first. Even a small payment could have consequences.
Can my car or bank account be taken for a medical bill?
Medical debt is unsecured debt, meaning the hospital doesn't have automatic rights to your property the way a car lender or mortgage company does.
That said, once a hospital or collector wins a court judgment against you, they have more options to collect. Virginia law does protect some of your assets:
- The first $10,000 of your car's value is protected from unsecured creditors.
- If a creditor wants to take your car, they have to post a bond and go through the sheriff. This rarely happens unless your car is worth significantly more than $10,000.
- If money is being taken out of your paycheck or bank account, this is called garnishment. Certain income is protected from garnishment entirely, including Social Security and disability benefits.
Read more:
Can my home be taken to pay for a medical bill?
Starting July 1, 2026, Virginia law prohibits medical creditors from foreclosing on your home to collect a medical debt
Important: This protection only applies if you paid or are being billed directly by a medical provider. If you paid a medical bill using a credit card, even one marketed for medical expenses like CareCredit, that debt is considered credit card debt, not medical debt. It does not have these protections.
However, if a judgment is entered against you, then your creditor can obtain a lien, which is a legal claim on your home for the dollar value of the judgment. This does not mean they take your home right away. But it does mean that if you ever try to sell your home, the hospital would get paid first from the sale before you get any money.
If a judgment is entered against you for more than $25,000, then the creditor can go to court and ask the judge to force the sale of your home. This is called a Creditor’s Bill in Equity. This is extremely rare. Until July 1, 2026, it’s possible it could happen with very large medical debts.
If you're married
The rules are more complicated for married couples. Virginia law automatically makes both spouses responsible for most medical debts, including emergency care and necessary medical treatment. This means for most medical bills, the hospital can go after either spouse or both.
However, if a medical debt is only one spouse's responsibility (for example, elective procedures that aren't considered "necessary"), married couples do have protection. When a married couple owns a home together in Virginia, it usually belongs to both of you as one unit, not to each person separately. This is called “tenancy by the entirety.” You can check your deed to see if you and a spouse have titled your home this way. This means if only one spouse is responsible for a debt, the hospital generally can't touch the home.
This is why debt collectors sometimes pressure both spouses to sign papers about a debt. If they can get both of you to sign, they can go after the house even if only one of you received the medical care.
If you're a nursing home resident
Be aware that some nursing homes can give bad financial advice regarding Medicaid long-term care. Do not agree to a voluntary lien when you enter a nursing home without talking to a lawyer first.
If you are worried about losing your home over a medical debt, contact legal aid right away. Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area. If you do not qualify for legal aid, look for a lawyer using NACA’s (National Association of Consumer Advocates) Attorney Directory. Under “area of practice,” select “Debt collection” from the drop-down menu.
What should I do right now?
If you just got served
- Check if the papers are real
- Write down your court date
- Apply for hospital financial assistance immediately
- Contact legal aid for help
- Go to your court hearing
If your court date is coming up
- Bring proof you applied for financial assistance
- Bring all your medical bills and letters
- Arrive early to court
- Tell the judge about your financial assistance application
If you missed your court date, read more: What Happens If I Missed My Court Date for a Debt Lawsuit?
Things to remember
Don't ignore court papers. You will lose automatically if you don't respond.
Apply for financial assistance right away. Even if you are being sued, you can still apply.
Go to court. Tell the judge you applied for financial assistance.
Keep all papers. Save every bill, letter, and court document.
Get help. Legal aid can help you fight the lawsuit and apply for financial assistance. Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.
Medical debt lawsuits have special rules. Hospitals must follow different rules than other creditors.