Statute of limitation on NY student/tuition debt

[AJM-1]

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

In 1997, because of a misunderstanding, I was unwittingly enrolled into 2 evening courses at Columbia University. I had no idea I was enrolled, never attended, never stepped on campus.

After courses ended, Columbia U sent me a full tuition due Invoice. I called to find out what happened and was told to drop the courses which I did promptly. I then attempted to explain what happened but to no avail. Columbia maintained I owed tuition for those courses. Eventually, the case was taken over by Tobback, Bernstein, their law firm, who sent me numerous collection letters. Eventually debt swelled to over $12K.

In 2004, they filed a judgement against me and money was taken from my bank accounts. I had no idea how to fight this so I did nothing.

Is there a SOL on this type of debt? If yes, does the clock start when the debt is incurred or when judgement is filed? Ie 10 years form 1997 or from 2004? Can they file judgement against me again?

Also, is this a consumer debt or a student debt? I understand student debt is a special category that may have no SOL. I never signed any loan agreement, this was to be just out of pocket payment.

 

[Zigner]

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

In 1997, because of a misunderstanding, I was unwittingly enrolled into 2 evening courses at Columbia University. I had no idea I was enrolled, never attended, never stepped on campus.

After courses ended, Columbia U sent me a full tuition due Invoice. I called to find out what happened and was told to drop the courses which I did promptly. I then attempted to explain what happened but to no avail. Columbia maintained I owed tuition for those courses. Eventually, the case was taken over by Tobback, Bernstein, their law firm, who sent me numerous collection letters. Eventually debt swelled to over $12K.

In 2004, they filed a judgement against me and money was taken from my bank accounts. I had no idea how to fight this so I did nothing.

Is there a SOL on this type of debt? If yes, does the clock start when the debt is incurred or when judgement is filed? Ie 10 years form 1997 or from 2004? Can they file judgement against me again?

Also, is this a consumer debt or a student debt? I understand student debt is a special category that may have no SOL. I never signed any loan agreement, this was to be just out of pocket payment.

The judgment is valid for 20 years (10 years, renewable for another 10 years). That's from the date of the judgment.
One doesn't "file a judgment" - one goes to court and obtains a judgment from the court. No, they can't sue you again for the same debt.

 

[OHRoadwarrior]

There are several variables regarding student loan debt. Were these Federal Student Loans or private service loans?

 

[FlyingRon]

There are several variables regarding student loan debt. Were these Federal Student Loans or private service loans?

They're not loans at all it would seem. Looks like he just didn't remit the tuition when it was due.

 

[AJM-1]

The judgment is valid for 20 years (10 years, renewable for another 10 years). That's from the date of the judgment.
One doesn't "file a judgment" - one goes to court and obtains a judgment from the court. No, they can't sue you again for the same debt.

Thank you for the reply. What exactly does "renewable" mean in this context? Do you mean they can renew the original judgement obtained in 2004 and go after my bank accounts, or do you mean that they can obtain a new judgement against me? How would I know if they are proceeding with renewal? Are they obligated to let me know that they are renewing the judgement?

 

[AJM-1]

There are several variables regarding student loan debt. Were these Federal Student Loans or private service loans?

They are not loans. These were evening courses taken by adults with jobs, and no loan was offered or signed for. They were to be paid in full out of pocket when tuition was due.

 

[Zigner]

Thank you for the reply. What exactly does "renewable" mean in this context? Do you mean they can renew the original judgement obtained in 2004 and go after my bank accounts, or do you mean that they can obtain a new judgement against me? How would I know if they are proceeding with renewal? Are they obligated to let me know that they are renewing the judgement?

It means that the 10 year period is extended for another 10 years. I don't know if they are obligated to notify you.

 

[AJM-1]

It means that the 10 year period is extended for another 10 years. I don't know if they are obligated to notify you.

Thanks for your reply again. Are you absolutely sure about the renewable part? A lawyer told me it's 10 years and various resources I found online all state 10 years for NY and no mention of renewal. Does the 10 year renewal apply to all consumer debt in NY or is there something particular to this case that makes the renewable part apply?

 

[Zigner]

Thanks for your reply again. Are you absolutely sure about the renewable part? A lawyer told me it's 10 years and various resources I found online all state 10 years for NY and no mention of renewal. Does the 10 year renewal apply to all consumer debt in NY or is there something particular to this case that makes the renewable part apply?

Thanks for pointing this out. I now don't think one has to "renew" a judgment: http://www.nycourts.gov/courthelp/goingtocourt/SOLchart.shtml

ETA: It's 20 years.