University is claiming I owe tuition - Received Summons

What is the name of your state? Massachusetts

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 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

You need a lawyer.

DC

Yes, I would agree, you need a lawyer.

Have you gotten a copy of the judgment case file ? WHY were you not notified of the rescheduled hearing ?? You need to find out as you were supposed to be.

The thing is, the SOL in MA for debts, including a written contracts, is 6 years. Had you had the chance to get to court for the hearing, the judgment may never have been rendered as you could have claimed the expired SOL on the debt.

What you may want to do is try to get the judgment vacated.

thrllkll said:

Their claim was not valid as I paid my next to last semester's tuition with a credit card

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Great. Then simply show them your credit statement showing that this semester was paid.....

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.

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Not true. Though most schools have such a policy, it is not fault-free.... and as such is not EVIDENCE of anything.
Also, most schools have a 'staged reduction' in tuition if you drop out.... depending on when EXACTLY you dropped the course. Assuming you are correct, simply show them your dropout papers (showing the date) and their catalog showing the tuition 'reduction' schedule.

If they are truly as you claim, by doing the above, both of these issues should easily be resolved in your favor.

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.

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Get a copy of the court file and look at the 'notice of service'. With it, you should be able to PROVE to the court your claim of no notice.

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.

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It sounds to me like you have been half-assed in your approach to this problem... until you are now being forced by the court to confront it. These problems don't simply disappear because you 'write a letter'. There are numerous LEGAL processes that you seem to have missed or overlooked. Likely, those processes have allowed the creditor to get a judgment against you.

I have a copy of the letter 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).

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Absent those documents, you really have NO defense against their claims. I really don't see any 'help' other than your making a realistic effort to try to get them..... or at least to review the schools records.

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).

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Nope. The judgment has been rendered against you and unless you can prove to the court that you were in fact NOT noticed of the lawsuit, the chance of setting it aside at this point is between slim and none.

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).

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Yep. There are numerous legal processes available to the knowledgeable and aggressive judgment creditor.

Should I bring financial statements to the summons hearing?

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Unless they show you do not owe the debts, they are of no value to the current issue.

Thank you

Thank you each for your replies.

-David