Legal Question in Administrative Law in Massachusetts

Re: paid by mistake

Perhaps not. You might have a tenable claim the college waived its right to the refund of its overpayment, especially after two years. I would recommend doing nothing for now. If they pursue you, respond with an attorney letter saying they waived their refund rights by knowingly sending you tuition reimbursement. If they persist after receipt of an attorney waiver letter, I would probably advise that you return the overpayment to avoid the filing of a lawsuit against you by the school, unless there are valid defenses beyond waiver I am unaware of.

Re: paid by mistake

I have a somewhat different answer to the above question. While one might hope that the law and equity would agree with the prior writer, you will have to look to your agreement with the college. As a student, you contractually agree to abide by its reasonable rules and regulations. This might be dealt with in those regulations.

In addition, equity will not always assume that a gift was intended when a clerical person armed with a computer made a mistake. If the sum given to you was substantial, it might be deemed inequitable for you to hold the gift.

YOu should absolutely work with an attorney if the amount in question exceeds $1,000.00. However, you need to consider the risk and benefit before payong one of us; we could cost more than you allegedly owe.

By the same token, lawyers cost colleges money, too. Resistence is not futile, as it will almost certainly reduce the amount claimed.