QUESTION
Will signing their documents make it harder for me to sue them?
Asked on Dec 28th, 2012 on General Practice - Colorado
More details to this question:
In 2008 I applied to a college here in town and never registered or attended. When I decided to go back to school for real, I found out that this previous school was holding my transcripts for a balance owed. They are telling me that their records show me having attended a class in the spring of 2009. I paid the balance in order to release my transcripts, but now I want that money back as it was never truly owed to them. I was offered an appeals process and I would rather do that if it is easier, but if they deny me my appeal, I will be forced to take them to court. The appeals paperwork has me signing quite a few notices that state that once the process is started, it cannot be revised and that the committee's decision is final. I am wondering if I should sign these things knowing that if they tell me no I will be taking the matter to a judge?
1 ANSWER
Short answer - YES, but you have probably already waived any claim you might have had. When they asked you for the money, you could have refused and sued to compel them to release your transcript. Instead, you voluntarily paid them, and then waited and still haven't sued. You would have a very difficult time trying to argue that you hadn't waived your claim, and even if you win on that issue, there is still no guarantee that you will prevail on the ultimate issue of whether you owed the money in the first place. It is very difficult to be sure without more details, but it sounds as if the appeals process would be easier, cheaper, and give you a better chance to win than court. However, don't proceed with the appeals process if you have any intent of subsequently going into court. You only get one bite of the apple.
Answered on Dec 31st, 2012 at 10:09 AM