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  #1  
Old 03-22-2002, 10:22 AM
MrsHeidi
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Unhappy

can i appeal it?


Some school i sent my kids to just sued me i guess, i received a judgement for Pre-K and Kindergarten full tuition due to them. I did sign a contract for them to attend the school, but never did pay the 200.00 deposit per child that the contract says must be paid for the student to be registered. On my papers i received from them it says i owe 9,000 in tuition and they included the registration fees in the judgement.. Can they do this? I feel like the contracts were not valid because i did not pay the fee that was due upon a certain date. Can i appeal this judgement? I am sure that i am right and they are wrong. If i can't appeal it, can i file bankruptcy and remove this judgement or not? Please let me know anything anyone may know regarding any of my questions.

Thanks, Confused Mother?
  #2  
Old 03-26-2002, 09:30 PM
sdc12270
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Yo owe the scholl the money. I am not an attorney, but if your children attended the school, benefited from education sources there, I would say you owe the money, as didi the court apparently. You could claim bankruptcy if you want your credit ruined for a while. And not all debts can be exsponged with bankruptcy. You'd better check out all your options and consider the RIGHT thing to do. Know what I mean...?
  #3  
Old 03-27-2002, 09:29 AM
totallybroke
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sdc12270

no where in the previous post does it say they attended, they didn't benefit from the education. Please read the post your replying to before you pass judgement on people.

bigun or gottago do you have any comment about contracts and having judgments overturned?
  #4  
Old 03-27-2002, 01:13 PM
gottago
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From the sound of the post, the person was sued, failed to appear in court, and then had a default judgement entered against them.

First, if you are ever sued (again), show up in court. There is never a reason for not appearing in court, even if you know you are wrong. You never know what might happen. You might get a nice judge who favors your side.

If the poster signed a legal contract, it is valid, even if the deposit wasn't paid. The real question is if a judge would have allowed a full judgement of the tuition fees to be awarded, since the kids apparently didn't attend the school. My guess is that the judge would have settled somewhere in the middle... giving a judgement for part of the tuition, but not the whole thing. It seems fair that the school be given compensation for having an empty slot in the class... but if the students didn't actually receive the education, it sorta mitigates the loss.

The poster has a choice now. Either pay the judgement, or speak wiht an attoreny to fight the matter. Either way, it's going to cost a lot of money.
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