QUESTION

Can the school send me to collections after they have given me a zero balance receipt before graduation and now they claim I still owe them?

Asked on Jun 10th, 2014 on Bankruptcy - California
More details to this question:
Hi, I have an issue with my former college, which may require legal intervention. I graduated March 2, 2014. The school has policy in its handbook stating transcripts, diplomas, and certification exam funding will not be released until all obligations to the school have been fulfilled. I paid all remaining balances, received a statement showing a zero balance owed after graduating, received my transcripts, diploma, and certification exam funding. May 20, 2014, I received a phone call stating I had an outstanding balance of over $1300. The school stated an audit was done on my account showing I still owed money from a year prior during the spring 2013 semester. Now the school also has a written policy in its' handbook that a student can not register for further classes until financial obligations are fulfilled for each semester. I was obviously able to continue registering for classes after the spring 2013 semester, and paid all required amounts up to graduation. This looks to be an error the school made, but is not holding itself accountable for. They made an error almost a year ago, and didn't catch it until after I had graduated. To me, it is the same as a car dealer contacting you months after buying a car to tell you the invoice was wrong and they realized you owe them more. My "business" transaction with the school ended once I was graduated by the school. They should have fail safes in place to catch these issues BEFORE a student graduates to avoid being in violation of their own policy. Once I received the statement after graduation showing a zero balance, my transcripts, diploma, and certification exam funding, the school was acknowledging I had no further obligations according to its' own policy. They are sending me bills, which I've refused to pay on up to this point, while hitting me with interest charges on the outstanding balance.
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6 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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The question is not whether they can send you to collections but do you rightfully owe it... do you? did they make a mistake? If they try to sue you ... you can use the paper that says you are paid in full to justify that you do not owe anything.. but if they can prove a mistake .. or you acknowledge the mistake.. you will probably have to pay.further if you do not pay they will never again release your transcripts, etc. So how much is that worth to you.
Answered on Jun 13th, 2014 at 6:39 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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You can wait until they sue you and deal with it then.
Answered on Jun 12th, 2014 at 7:39 PM

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Debt Collection Attorney serving Chicago, IL
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It is not quite the same thing as the car dealer. In the case of the car dealer there is an agreement for a specific amount and you rely on the quoted price by taking the car and not going elsewhere. In the case of the school, there is no agreement for a fixed amount, and I'm not sure that you have relied on the statement that you owe nothing further. Absent such reliance, if you do owe $1300 under the terms of the agreement they may be able to collect it. However, I would not rely on a phone call. I would send a letter to the head of the financial office stating what you have related and asking for documentation of the $1300 and why it was not raised before.
Answered on Jun 12th, 2014 at 7:39 PM

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Their policy and the material they sent you can be evidence that you don't owe the money they are claiming you owe; but if they can prove the mistake was legitimate they can sue to collect until the statute runs.
Answered on Jun 12th, 2014 at 7:39 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You have failed to reveal one thing, was there a mistake in your favor? In that case, if you have not received an actual release from the school, you probably owe them the funds. I would have to look at all of the documents and account records. Is it worth the attorney's fees?
Answered on Jun 12th, 2014 at 7:39 PM

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Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at The Law Offices of Peter M. Lively
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Yes. If the audit is correct that you haven't paid everything on the original sticker-price of your education, then you haven't finished your responsibility under the contract. Moreover, student loan debts are not readily dischargeable in bankruptcy so if you don't resolve this now you may be dealing with a much bigger debt later. Perhaps the school will consider a settlement offer?
Answered on Jun 12th, 2014 at 4:13 PM

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