QUESTION
What can I do? Can I get out of the contract?
Asked on Mar 13th, 2013 on Bankruptcy - Oklahoma
More details to this question:
I went to school a few months ago and signed a contract. The contract said that if I cancelled within 3 days, I will not owe anything. I just got a collection letter asking me to pay $2879.00. What can I do?
4 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Did you cancel in time and in writing? If not you probably owe the debt.
Answered on Mar 13th, 2013 at 5:17 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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Did you cancel within three days? Are they claiming you did not? If you followed the contract and got a collection letter demanding payment from a third party, your rights under the Fair Debt Collection Practices Act have been violated. If the letter is from the school itself, there is no affirmative claim yet. In either case, send a letter disputing the debt because you properly cancelled. Use fax or certified mail so you have proof of receipt. In either event, consult a consumer attorney. Also, obtain your 3 credit reports and see if this is reported.
Answered on Mar 13th, 2013 at 1:14 PM
Unless the school committed some sort of fraud or breach of contract, you probably owe the money.
Answered on Mar 13th, 2013 at 1:14 PM
A contract that permits cancellation within three days probably does not also have a clause to extend the ability to cancel to "a few months." If you owe the debt and have the means to settle it, in whole, at a discount, or by making payments, consider doing so. If you don't have the ability, it doesnt make the debt go away if it is valid. It can grow larger from collections fees, interest, etc. Some people are effectively judgment proof as well, due to a lack of assets or attachable income. If you are in OK you are welcome to contact me or you may contact any attorney you choose.
Answered on Mar 13th, 2013 at 1:13 PM