Do not know what legally

[christina245401]

I live in Virginia but was taking online courses in flordia. My financial aid worker messed up on my financial aid stating he had not received paperwork that i had faxed several times. I was sent an email stating that I could not attend class until my financial aid was straightened out. So I was told I would start in the next two weeks. I went online and discovered that I was already in two classes as full time. but i had missed four weeks in both classes. I sent emails to both instructors explaining what happened. Only one instructor worked with me so i was kicked out of the other class. This meant that financial aid would not cover me taking only one course. I called my financial aid worker and he told me he would take care of it. I was also advised that my federal student aid was running out that it would be my last semester to receive it. I told them it was no way i could afford to pay for classes as i'm filing for ssi. I received a phone call stating the school is getting ready to take me to court in Richmond Virginia for 11 thousand. that is a whole year. I told the woman i have never worked and all the health issues i'm facing right now and that i'm in the process of filing for ssi. They told me to come up with almost seven thousand dollars in two days. I can not come up with that kind of money. Or they told me to sit up payment plans i can not afford right now either. They told me if it goes to court i will only have thirty days to pay.
I"m trying to find out if i will have to attend this court proceeding and if i can not pay it in thirty days what will happen.

 

[disagreeable]

They will get a judgment against you by default, if you do not show up.

 

[christina245401]

Thank you so much. I was wondering will they also be able to give me jail time if i'm not able to pay in thirty days or attend the proceeding as it is very difficult with my health to ride in a car for long periods of time. It is almost three hours from were i live to richmond.

 

[disagreeable]

Why on Earth are they filing in Richmond? Where was the contract initiated? You MIGHT be able to argue incorrect venue.

 

[army judge]

Thank you so much. I was wondering will they also be able to give me jail time if i'm not able to pay in thirty days or attend the proceeding as it is very difficult with my health to ride in a car for long periods of time. It is almost three hours from were i live to richmond.

I think you might wish to call a couple local lawyers. At worse, all they'll get is a judgment. Your health and financial issues seem far more important.

You'll never go to prison for this, unless you've defrauded someone.

 

[christina245401]

Thank you both so much for your help. Right now I can not afford a lawyer. I told them i'm receiving state help. My husband and i are separated and he pays the rent and lights in place of child support. I told them this today. I also told them all of my health problems and all they said was my husband must make good money for me not to have worked. I also reported that I'm filing for SSI. And the school is in Florida and the lawyer told me over the phone she has had a lot of complaints about the same thing with other students from this school. I'm just worried if i do not go to court they will lock me up and if i can't pay it they will lock me up and i'm the mother of two.

 

[christina245401]

And I think its because I live in Virginia as to why they are setting up the case here. But the school is in florida.

 

[army judge]

No one goes to prison for owing a debt. That said, those that do go to prison after being convicted of money crimes do so for embezzling, robbing, stealing, or defrauding others. I don't see how your case fits any of those conditions.

 

[disagreeable]

When you receive service of the case, I would file a motion as to the validity of the venue. Make them refile where you live. You can certainly present you information to the court. The court will render a verdict. Going off the facts you presented, it does not appear there has been or will be any intent to defraud. It also appears you will not have sufficient assets to pay a judgment. Though I really hate the idea of suggesting someone allow a judgment, with the intent of filing bankruptcy in the future, I do not see you have much other recourse.

 

[christina245401]

I was just told by a friend of mine that even though me and my husband are seperated. That they will garnish his wages if i do not go to court or if they find against me. Right now he is paying my rent and lights in place of child support and he is staying with his mom and paying her rent. I do not want his wages garnished. I understand that if he claims me on his taxes they can get some of that money. but what about his weekly pay as he is already struggling.

 

[army judge]

I was just told by a friend of mine that even though me and my husband are seperated. That they will garnish his wages if i do not go to court or if they find against me. Right now he is paying my rent and lights in place of child support and he is staying with his mom and paying her rent. I do not want his wages garnished. I understand that if he claims me on his taxes they can get some of that money. but what about his weekly pay as he is already struggling.

No one can have wages levied against without first going to court and losing a lawsuit.