collection

[odowsh]

In Dec of 1999, I enrolled my daughter in a private school in NYC. I work and live in Texas and my daughter is staying with my parents in NYC. I am a single mother and am self employed. In February of 2000 they mailed me a contract that held me responsible for tuition up until June 2001! I stupidly signed the contract without reading it carefully. In July of 2000 I withdrew my daughter from the school because she was unhappy there. In fact this school has a tremendous attrition rate and I wonder if there is something strange about the school and its philosophy. I am now being sued for the balance ie. an entire 12 mos of tuition!
My daughter attends another private school in NYC and is extremely happy there as are all the other children who attend this school.
I REALLY don't want to pay the tuition being demanded and feel that I was unjustly duped into signing a contract by a school that is desperate to hold onto its pupils who, by the way, are leaving in large numbers. Can I threaten to countersue for deceptive trade practice? Can I threaten to drag the pricipal down to Texas for litigation? Can I convince a judge that it would be a tremendous hardship for me as a single parent to travel up to NYC for court appearances? Please answer asap. I have ten days to reply to the school's attorney. Thanks.

 

[I AM ALWAYS LIABLE]

In Dec of 1999, I enrolled my daughter in a private school in NYC. I work and live in Texas and my daughter is staying with my parents in NYC. I am a single mother and am self employed. In February of 2000 they mailed me a contract that held me responsible for tuition up until June 2001! I stupidly signed the contract without reading it carefully. In July of 2000 I withdrew my daughter from the school because she was unhappy there. In fact this school has a tremendous attrition rate and I wonder if there is something strange about the school and its philosophy. I am now being sued for the balance ie. an entire 12 mos of tuition!
My daughter attends another private school in NYC and is extremely happy there as are all the other children who attend this school.
I REALLY don't want to pay the tuition being demanded and feel that I was unjustly duped into signing a contract by a school that is desperate to hold onto its pupils who, by the way, are leaving in large numbers. Can I threaten to countersue for deceptive trade practice? Can I threaten to drag the pricipal down to Texas for litigation? Can I convince a judge that it would be a tremendous hardship for me as a single parent to travel up to NYC for court appearances? Please answer asap. I have ten days to reply to the school's attorney. Thanks.

My response:

You haven't given me, let alone a judge, anything to "hang our hats on" to assist you.

The fact remains that you signed a contract. "Attrition rates" and students "leaving in large number" have everything to do with the business of the school, and nothing whatever to do with you.

Hardship is not a defense in the face of a valid contract; albeit, none of your reasons are legally valid defenses. To add insult to injury, your lack of a valid defense is exemplified by the fact that you still have your daughter enrolled in a private school. What happens when the judge asks you about that fact?

If you were forced to enroll your daughter in the public school system due to financial hardship, that fact "might" weigh in your favor - - though not likely. Since you can't demonstrate here any breach of contract, fraud, coercion, or any other viable defense, I would suggest that you save yourself the expense of a trip, call the attorney, and make a deal for payment.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-03-2000 at 09:43 PM]