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Really need advice with Civil Lawsuit

Discussion in 'Student Loans' started by FinancialBind, Oct 27, 2016.

  1. FinancialBind

    FinancialBind Law Topic Starter New Member

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    Hi Everyone,

    I'm kinda in a bind here and not sure where to turn. it's a LONG story, so please bare with me

    Back in 2009-2010 I attended a college, my mother was going thru health complications, so I withdrew, I originally asked my advisor to withdraw me, which she said she would do, by the time we moved forward with the withdrawal, it was past the deadline for withdrawal. However my advisor NEVER filed my late withdrawal papers. I called multiple times with no response and also emailed with no response. My mother Passed in April 2011. Upon calling the university Bursars office, they said, Nothing was owed.

    A couple years later I get a call from a collections agency about a balance due, I told them this was withdrawn, to which they said, some balance remained. So I posted a payment and never heard from anyone again.

    Then later in 2016 I get a knock on my door and I'm being served papers for court. Originally my attorney said the statue of limitations was passed so they just simply could not collect anything and not to worry. Ofcourse I didn't also realize I posted a payment and later verified with the bank that infact I did.

    I went to court and the judge asked me to follow the university procedures and submit a late withdrawal now, to which I did and ofcourse it was rejected. we went to court again and he threw out all the late fees and the universities attorney fees, holding me liable for just the tuition owed. To which my attorney was arguing isn't fair, and if the advisor had submitted the late withdrawal for family hard ships at the time, then we wouldn't be here. He didn't agree.

    Again my attorney brought up a case in a different case where the judge threw out an entire mortgage foreclosure case for something similar, however that was in another state. He's asking the only way to convince me is to find " Case Law " Is there such a case law? Also there's a twist.

    I also had student loans, now I didn't know that anything was owed, simply thought my withdrawal was finished years ago, nor was / is the student loan debt on my credit report, so I simply thought everything was done. However upon checking the subsidized loan site, I see I've been incurring late fees and my student loan debt is now almost double.

    Please help, I have no job, and the attorney is actually a friend of mine helping me out. I can't afford 8-10k let alone anything else at this point in my life. What are my options? Is there such a case law? If the judge took away the late fees and attorney fees for the University, shouldn't that also affect my student loans? I am completely lost and concerned. The attorney is advising me to negotiate with the university now, which I currently owe 4.5K to, after removing the late fees and attorney fees etc.

    The judge said, he's doing that, because I saved the email communication from my contact attempts to my advisor PLUS my advisor at the time saying she would move forward and submit the late withdrawal forms, which she never did.

    Also I want to add, that the University has a late withdrawal / retro active withdrawal policy, and it is not guaranteed and up to the sole discretion of the office of appeals. However again, originally it was never filed, we have confirmed that, then they asked me to file again in 2016 which was denied. " Ofcourse "

    Do I have any options?
     
    Last edited: Oct 27, 2016
  2. ElleMD

    ElleMD Well-Known Member

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    You have an attorney. That is who should be assisting you here. What you owe the school and what you owe whomever you got the loan from are totally different issues.
     
    FinancialBind likes this.
  3. FinancialBind

    FinancialBind Law Topic Starter New Member

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    First off, thank you for replying to me, in " Both " places :) second I understand that it's " Two " different things, however the university was paid already from not only my student loans, but also my financial aid, plus if the judge is saying one is not honorable, shouldn't that also reflect the second? Also, I literally didn't really attend classes, as they were " virtual " plus I have emails from the advisor telling me to stick it out and speak with the professors as opposed to just withdrawal shouldn't that count for something? See all this is intertwined with one thing.
     
  4. despritfreya

    despritfreya Active Member

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    I assume there is a judgment against you. Unless you timely filed some sort of Motion to Reconsider or timely appealed, you are stuck with it. You can try to settle with the judgment creditor for something less but the judgment creditor is not required to negotiate.

    Your credit report is not relevant for anything. If the funds were advanced to the school your "withdrawal" is not relevant. If these are government backed loans go to the USDE web site and look for "income based repayment plans". Since you are not working this program, if you qualify, could result in little or no payment requirement.

    Des.
     
    army judge likes this.
  5. army judge

    army judge Super Moderator

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    This contributor is a BK attorney.
    Not just a BK attorney, THE BK attorney.
    He posts that which he KNOWS to be true.
    When he types, I read it, I learn.
    I suggest you, OP, read and heed what he's just revealed.
     
  6. FinancialBind

    FinancialBind Law Topic Starter New Member

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    No there is no judgement against me at the moment, the case has been postponed for a month to either settle or for us to bring up a case law. However I'm a bit unclear how this isn't fruit from a poisoned tree? I never received anything stating I still owed the student loan debt, this late retroactive withdrawal due to extenuating circumstances, would have reversed the tuition costs, " If " it were approved, now since it was not approved until " Years " later, I still feel I had a better chance for it to be approved if the advisor had filed a timely withdrawal. Regardless, I'll owe what I owe, just don't think it's fair. And if had I known, then there wouldn't have been any late fees to the student loans, heck after 6 years, I probably would have paid it off by now, let alone the late fees incurring. Not to mention I had approval from all my professors all the way around. Which I still have documented.
     
  7. army judge

    army judge Super Moderator

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    None of what you posted is legally relevant today.
    Again, I refer you to this post IN THIS THREAD and the suggestions
    by " despritfreya".


    Really need advice with Civil Lawsuit


    It is post number 4.
     
  8. ElleMD

    ElleMD Well-Known Member

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    There is no tree, let alone a poisoned one. You enrolled and started the semester. You dropped out. You asked your advisor to file for a retroactive withdrawal for personal reasons. That either didn't happen, or it was denied (it is very rare to be granted one- and it does not automatically cancel out owing tuition if after the deadline for refunds). In any case you didn't follow up with the school to make certain it was approved. You had taken out a loan which was not repaid. The university didn't get paid for that semester and took you to court. While the judge isn't making you responsible for the university's legal fees, and removed the late fees from what you owe, you still owe. Your professors do not decide tuition or registration status.
     
  9. army judge

    army judge Super Moderator

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    However I'm a bit unclear how this isn't fruit from a poisoned tree?

    The, as you term it "fruit from a poisoned tree" applies in criminal law matters.

    That has nothing to do with civil law issues.
     

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