Legal Question in Credit and Debt Law in New York
college debt
I graduated from a private college in Aug. of 1994. At the time of my graduation I was told I owed no money. There was a strict policy that if any tuition was due you could not participate in the commencement ceremonies.
A little over a month ago I received a notice from a collection agency stating that I owe $908. to the college from tuition fees for my final semester, I had never been contacted by the college before so I thought this was an error. When I did call the school I was advised that due to a state audit old accounts were being reviewed and mine came up as owing the $908.
They had never attempted to contact me prior to the notice from the collection agency. Is this legal? Also does a statue of limitation apply to a college debt? according to the representatives from both the college and the collection agency it does not.
thanks in advance for you reply
2 Answers from Attorneys
Re: college debt
There is a six year statute of limitations on contractual obligations.
Daniel Clement
Re: college debt
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
Mr. Clement's previous response is generally correct; in New York there is a six-year statute, although there are also some important exceptions. You have not provided enough detail to permit analysis of these.
For instance, you did not say where the school was (the laws may be more or less generous in another state), or if the debt was a promissory note payable at a later time.
You also have the right to have the collection agency be truthful with you. It must tell you exactly the nature of the debt and explain its position to you. If it fails to do so, or if it acts in a deceptive way, such as by lying, it is possible to sue the collector for up to $1000 for each incident. People have taken these guys to court and won.
Good luck.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel Attorney at Law 516-312-9900
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