Taking Old College to Court.

[Mensaf]

What is the name of your state (only U.S. law)? NJ

I just submitted a thread, but it hasn't appeared anywhere , so I'll try to make this brief:

My college from 2 years ago sent a letter last month stating that a financial aid grant was being redacted from my last year there and I now owed $900. Upon further investigation, the error was made by someone in their department, and now, 2 years after I've left, they want me to pay up.

I called, e-mailed, and went in person to talk to the one person designated to handle this case. Never heard back via e-mail, never replied to a single voicemail, and she was never there when I went in person.

This morning, an old coworker that I still had contact with called me to let me know that someone called (she said from the college, but it was most likely a collection agency) saying that they wanted me to call them back and whatnot. As I suspected, they sold the account to a collection agency.

I'd like to take them to small claims court at this point. I don't believe I should have to pay for a clerical error on their part made 2 years ago, especially since I could've covered it at the time with a student loan that was the remainder of my financial aid package. The only evidence I have are the unanswered e-mails, phone records indicated that I called, and my properly filled out paperwork to show that there was no error on my part. I believe that I have a fighting chance, by the only real law experience I have was from a videogame I played when I was in high school. (read:none)

I'd really appreciate some advice from professionals as to what I can do. I want the bill to be dismissed, but now that it's been sold to a collection agency, I think I'm going to have to file suit for the $900, plus their fees, plus whatever impact this will have done to my credit report by the time it gets to court. Thoughts?

Here's that game for anyone that wants a laugh:

http://www.youtube.com/watch?v=GJWiohNd3Us

 

[ecmst12]

I don't see why you should get free tuition because of a clerical error. That's called unjust enrichment. So what if you could have used student loan money to pay it at the time? You still received that loan and had use of that money, you just spent it on other things.

It really doesn't matter whose fault the error was. If the cost is X and they have only received X-900, then you owe the 900. You have a good argument against being charged late fees, interest, or penalities, but it doesn't sound like they are trying to charge you any of those things. A payment plan is a good option to request.

 

[Mensaf]

I originally said that to the clerk at the Bursar window, but the said that since it was now labelled as two years past due, it was only $900 or collections. I'd actually agree to that, but now that it's out of their hands and in the hands of the collection agency, I'm not sure if that would play out via the courts.

 

[Antigone*]

I originally said that to the clerk at the Bursar window, but the said that since it was now labelled as two years past due, it was only $900 or collections. I'd actually agree to that, but now that it's out of their hands and in the hands of the collection agency, I'm not sure if that would play out via the courts.

Pay what you owe. You have no recouse to sue anyone. In fact, if you don't pay, they may sue you.

 

[Ozark_Sophist]

I originally said that to the clerk at the Bursar window, but the said that since it was now labelled as two years past due, it was only $900 or collections. I'd actually agree to that, but now that it's out of their hands and in the hands of the collection agency, I'm not sure if that would play out via the courts.

Court will just increase your costs. On what basis would you sue? You have a past due debt within the statute of limitations for something you received (your education.) You owe, pay.

 

[Mensaf]

My issue isn't with the $900, it's with them selling the account to a collection agency. Keep in mind that I was in good standing until 30 days ago, when I received that notice and was unable to come in contact with the one person responsible for handling the situation. I've made regular payments in the past, but for them to bring up a mistake they made 2 years ago that they literally just realized and charge me as though I've been delinquent is ridiculous. I'll pay the $900 in monthly installments until I graduate in May and start working full time, in which I'll pay it off after I receive my first paycheck. I shouldn't be responsible for anything beyond that.

 

[Antigone*]

My issue isn't with the $900, it's with them selling the account to a collection agency. Keep in mind that I was in good standing until 30 days ago, when I received that notice and was unable to come in contact with the one person responsible for handling the situation. I've made regular payments in the past, but for them to bring up a mistake they made 2 years ago that they literally just realized and charge me as though I've been delinquent is ridiculous. I'll pay the $900 in monthly installments until I graduate in May and start working full time, in which I'll pay it off after I receive my first paycheck. I shouldn't be responsible for anything beyond that.

You should also be held responsible for interest in that money as well. You cannot expect to use someone else's money and not pay for it.

 

[Mensaf]

You should also be held responsible for interest in that money as well. You cannot expect to use someone else's money and not pay for it.

Did you read the original post? They gave me an award that they now realize was in error. I filled out my FAFSA and took whatever package they gave me, which consisted of a loan and this grant. There was literally no way for me to know that I wasn't qualified to receive it since I'm not the one applying credit to my own account.

 

[Antigone*]

Did you read the original post? They gave me an award that they now realize was in error. I filled out my FAFSA and took whatever package they gave me, which consisted of a loan and this grant. There was literally no way for me to know that I wasn't qualified to receive it since I'm not the one applying credit to my own account.

I did read the original post, and my answer stands.

 

[Mensaf]

I did read the original post, and my answer stands.

Noted and disregarded.