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Sued by College

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taniamariella

Junior Member
What is the name of your state? PA

I am 22, I work and I am a single mother of two trying to finish college. I also work as well.

In 2003 I was enrolled at College. I am not sure what exactly happened, but financial aid was never applied for the fall semester. The school has sued me in Feb. 2005 for $8,000.00. I did not know I even owed the money until I received papers from the court. I immediately contacted the school and received the phone number for their attorney. I contacted the attorney and told them I didn't know I owed the money as financial aid and scholarships should have taken care of everything. I started a payment plan with them beginning in March 2005. I paid them for Feb. 2005 and March 2005 - a total of $100.00. ($50.00 for each month as was my payment plan.) In the beginning of April 2005 I lost my job. I contacted the attorney and told him I had lost my job and couldn't pay that month. He told me it was ok and to keep in touch with them regarding my financial situation. I was in contact with the attorney's for 3 months until I found another job and sent them out a payment of $25.00. (Attorney said to send that much.) Payment was sent and posted in July.

As things have started to get better financially for me, I spoke to the attorney this past Tuesday and said I want to raise my payment to $100.00 a month and that it would start current month, August. I told him I would send the check in two weeks to him as that is when I get paid again. He said fine - no problem.

I find out yesterday that the college had a court order freeze my checking account. (They attorney told me the process was started in April.) They also told me that more than likely the bank will take out their fee and then turn the rest of the money over to the attorney for the college. I have $539.00 in my account. That was to pay my rent and buy food for my children. (Rent is $475.) Things were tight the beginning of the month so I begged my landlord to let me pay him late. The money the college is going to steal from me was already going to be spent. I don't know what to do now.... If I can't pay rent, I get evicted, if I get evicted, I loose my children. If I loose my children, I don't know if I can continue to live as they are my life and what keeps me going when times get tough like this. I can't sleep, I can't eat and I can't stop crying as things have gotten way out of hand.....

I honestly didn't know I owed money. If I did, I would have started a payment plan. For the summer semester, the school sent me back a refund for about $4,000.00. I also figured if the school is sending me back money, things must be good. It is too late to refile financial aid for that semester.

I also enrolled recently at the community college to try and finish school and took out larger loans than needed to pay the other college their money. I told the attorney that as well. I told him I would try to do a settlement next month as I would have the refund then.

I am scared and very alone. I have no friends, no family and as of right now, no money to feed my children or pay any of my other bills...... I can't seem to find any information on the internet to help me.

Please, please do not judge me. I just need some advice until I can hopefully afford an attorney. Does anyone know what other legal action the school can take against me now???? I can't send them their check as promised because they have my funds frozen and I did an emergency stop direct deposit at work...

Thanks,
Tania
 


JETX

Senior Member
taniamariella said:
Does anyone know what other legal action the school can take against me now????
Yep. As a judgment creditor, 'they' can seize your bank accounts (as you now know). They can also sieze any other non-exempt assets that you migh have. Anything not specifically listed below is subject to seizure and sale:
Pennsylvania Post-Judgment Asset Exemptions

Homestead: None. However, property held as tenancy by the entirety may be exempt against the debts owed by only one spouse.

Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for city employees, county employees, municipal employees, police officers, public school employees and state employees. Private retirement benefits exempt if clause prohibits proceeds from being used to pay beneficiary's creditors, to extent tax-deferred, limited to $15,000 per year deposited, and no exemption for amount deposited within 1 year of filing. IRA exemptions for conventional, SEP and SIMPLE plans, subject to above limits.

Insurance: Life insurance annuity policy, cash value or proceeds if beneficiary is insured's dependent, child or spouse. Insurance policy or annuity contract payments, where insured is the beneficiary, cash value or proceeds to $100 per month. Group life insurance policy or proceeds. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary's creditors. Accident or disability benefits. Fraternal society benefits. No-fault automobile insurance proceeds.

Personal Property: Bibles. Schoolbooks. Sewing machines. Clothing. Tangible personal property at an international exhibit sponsored by U.S. government. Uniform and accoutrements.

Tools of Trade: None.

Miscellaneous: Business partnership property.

Wages: Earned but unpaid wages.

Public Benefits: Unemployment compensation. Workers' compensation. Crime victim's compensation. Korean conflict veteran's benefits. Veteran's benefits.

Wild Card: $300 of any property.
 

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