Legal Question in Credit and Debt Law in Massachusetts
In June 2009, I was accepted into Northeastern University and received a financial aid package that covered the total cost. My grandfather was my guardian but my aunt (lets call her Aunt A) had power of attorney over him. To receive the financial aid, I needed my grandfather's 2008 W-2 form and she gave it to me. During my 1st year, the power of attorney of my grandfathers was transferred from Aunt A to another aunt (lets call her Aunt B). Near the end of the school year, I needed my grandfather's 2009 W-2 form to keep the financial aid intact. I asked Aunt B for the W-2 form and she told me no. Without that W-2 form, the school charged me $20,000 for that year. I told the school's financial services about my situation but they told me that as long as I'm under 24, there's nothing I can do and no alternatives (despite finding out I could of filed for "extreme circumstances" but was not told this) Am I able to sue Aunt B for the debt? Am I able to sue the school for misinformation?
1 Answer from Attorneys
Your aunt is not liable for the debt. If, for whatever reason, she failed to produce the necessary documents 5 years ago, you could have sought a court order at that time to compel her to produce those documents. Instead, knowing that you were not getting the necessary financial aid, you still enrolled and registered for classes, and by doing so you accepted the tuition charged by the school. You are also unclear whether this is now a debt that is owed directly to the school, or whether you took out a student loan that is now owed to a third party. If you took out a student loan, then you signed the necessary promissory notes, further showing that you understood the charges.