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University is claiming I owe tuition - Received Summons

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thrllkll

Junior Member
What is the name of your state? Massachusetts

Hello, last year I received a notice from a University I previously attended that they were taking me to small claims court for two semesters unpaid tuition. Their claim was not valid as I paid my next to last semester's tuition with a credit card and dropped out in my final semester before any payment was due. The University, in fact, has a policy that a student cannot enroll in a current semester with any unpaid balance, hence it is impossible to owe tuition for two semesters.

A pre-trial conference was scheduled in Nov. 2004 which I appeared for but the University's attorney did not - he had appropriately notified the Court, but I was not notified. I was instructed the conference would be rescheduled. I never did receive a notice of this reschedule and in May 2005, I received a letter stating judgement had been awarded to the University in this case because I had defaulted. Apparently, the pre-trial conference occurred and I never knew about it.

I sent a letter to the Municipal Court explaining the situation, but never received a reply. Now, in September 2005, I have received a summons to appear for non-payment of this debt.

I am looking for some advice in handling this situation. I have a copy of the letter of the sent to the court after realizing I had missed the pre-trial conference, but I have no documentation proving payment of next to last semester or my withdrawal from my last semester (this occurred over 9 years ago - I do not still have the credit card info or the University's withdrawal papers).

What will happen at the Summons hearing - will I be able to present my case and request another hearing in small claims (remember this debt is not valid and is obviously a clerical error on the University's part).

Can my savings or wages be taken to pay this debt? The total debt is $12,000 and combined with my current credit card debt, raises my debt amount to 55% of gross yearly income (not counting my monthly car payment).

Should I bring financial statements to the summons hearing?

Thank you for any advice posted - let me know if there are any questions regarding the details.

Regards,
David
 



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