Legal Question in Credit and Debt Law in New York

Re: I received a Summons for old State College Debt

First, the easy question: yes, they can sue you in a New York court, assuming that you did go to school here. This is known as "long arm" jurisdiction. If you transact business in a state where you don't live (or, for that matter, in a country where you don't live) you can be sued in that remote jurisdiction for claims arising out of that transaction of business. However, long arm jurisdiction can be tricky. For example, only the statewide courts (for our purposes here, Supreme Court and County Court) can exercise long arm jurisdiction...so if you were sued out of Albany City Court, the jurisdiction is lacking.

Second question: did you neglect to pay a fee? Related question: did you graduate? Generally speaking, if you owe money to a college, they withhold your degree and your transcript. So, if you got those things, it would be some evidence that you don't owe the money. On the other hand, if you do owe the money, then you should quickly contact the AG's office and try to strike a deal: either a discount or time to pay up, or both. If you are totally impecunious, then your credit score is the least of your problems. If you have the bucks and you owe the money, then you should pay up, because unpaid tuition (especially to a state college) can have all sorts of nasty consequences, such as delayed income tax refunds in addition to the trashed credit score.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Re: I received a Summons for old State College Debt

1. The State sues in the Courts in Albany by statute.

2. You cannot recover for expenses in defending the suit.

3. If the dollar anmount sued for is small, you must ask yourself does it make business sense to begin to defend it...if you do not interpose an answer, you will be defaulted. If it is for a sum certain, judment can be entered merely by filing with the clerk. If your really want to fight this, do some research, find a way to put in your own answer, and take it from there. A judgment will harm your credit.

Fell free to contact me with any questions.

Good Luck

RRG