Argument at Arbitration

[smartsue]

What is the name of your state? Pennsylvania

The plaintiff is claiming an implied contract with the University, and an amount of $15,000. I have answered that the bill is incorrect, and I now have supporting documents to demonstrate the incorrectness. With the bill incorrect from the very beginning, the interest, called "Late Payment Fees" and always 1.5% per month, even through the very low bank rate period, I think I have a chance for the Arbitration court to reduce the total amount considerably.

In any case, the University wants to "secure this debt with a judgment." I do not care about the judgment, because I know that I am judgment proof--over 65, disabled, no assets over $500, minimum-wage job two shifts per week.

I *could*--or could I--argue the statute of limitations, instead, since it has been over four years since the last recorded payment in their record of the account. The problem is that I just finished an advanced degree, and would like something from the University to show for all the work.

What are the issues in comparing strategies, here? TIA

[Debt Guy]

I think there are several issues to consider.

First, is the issue of ethics. You will get all sorts of opinions on that question but ultimately you are the only person who can decide for you.

Second, is a very practical matter. If I were the University -- and you stiffed me one thin dime, you would never ever get any cooperation -- no transcript, no degree, etc. Anything I could hold for ramsom to be paid, I would hold.

If you are going to assert an SOL defense, be aware that certain types of debts have no SOL -- tax liens and education loans are examples. If any public money is involved, my guess is that there is no SOL. If the attorney for the university has anything to say about it, they will try to convince the judge that SOL does not apply. You either need an attorney (which apparently you cannot afford) or you will need to be prepared to defend yourself pro se.

[smartsue]

Second, is a very practical matter. If I were the University -- and you stiffed me one thin dime, you would never ever get any cooperation -- no transcript, no degree, etc. Anything I could hold for ramsom to be paid, I would hold.

I was thinking of this today. I have been struggling to get the University to take my money for at least ten years! They always tell me it's not enough; I can't talk to them unless I am willing (of course I must be able) to pay a "substantial amount," which they never define. It is always more than I can offer at any particular time. Then when I *do*have a substantial amount (to me), I can't get them to tell me anything about my bill. One woman in Student Financial Services--I have an email recording this--says "Sorry, I can't help you."

So I have to get over this frustration.

Thanks, again.