Legal Question in Education Law in California
Hi, I got a check that was a refund from a college, but was never cashed it is over 3 years old now and i went back to claim my refund but was trun away and told they could not write me a knew one even though i never cashed the first one. Its alot of money and i would like to get it back.
2 Answers from Attorneys
Write to the college and point out that the refund comes from a debt created by a written document so there is a 4 year statute of limitations. You can also argue that there is a constructive trust for your benefit.They can pay you now or get a court judgment plus costs plus lost time for one of their employees to come to court and if they do not pay after the decision in your favor you will attach a lien against their real property and force a foreclosure sale.
I do agree with Mr. Shers' answer. I am not sure why they cannot bother to write a new check or why they think there was some sort of time period in which to claim your refund--unless there is something in the nature of an agreement that you had with the school where you consented to a time period. What type of college is this? They may be marginal, financially, so you would need to file a civil claim soon in the event they go into bankruptcy.