Legal Question in Credit and Debt Law in New York

Re: Being sued for rent fifteen months after leaving apartment

They probably have the right to sue you in NY courts, since the contract was to be performed here and you were physically present within the state. If they can serve you, they can take a valid default judgment. That judgment probably cannot be docketed in Georgia, depending on Georgia law -- "default judgments" are generally not entitled to recognition under the Full Faith and Credit Clause of the U.S. Constitution. However, they would probably send the NY judgment to a local Ga. atty., who could easily convert it into a Ga. judgment (generally your only defense in such cases is to say the NY court had no jurisdiction, you probably cannot contest the merits if Ga. court finds NY court had jurisdiction).

Statute of limitations for non-payment is generally 6 years, so they are within that time.

Hard to imaging it's worth filing for bankruptcy over this. But it looks like it would in fact be discharged in bankruptcy. You might be smarter to threaten them that you will file bankruptcy, and maybe use it as a tool to settle, or why not simply come back to NY and contest the case. You can probably prepare an answer denying liability, and send it by mail to them and to the court, then just come to NY for the trial and present your defenses. I assume it's pending in the NYC Civil Court, 111 Centre Street, NYC.

As to whether the school can withhold a PhD for non-payment? I really don't know, but when you entered the PhD program, they gave you Guidelines which the NY courts have held constitutes a contract. NY courts won't "enforce" the contract as to "education" issues, like whether you wrote a good enough paper, but they wuill enforce the contract as to non-education items. Here, if there's nothing in any of the school's guidelines or program rules allowing them to withhold a degree for non-payment of rent, I would think they cannot withhold a degree. However, there's a lot of room for subjectivity in academia, and they may well decide your academics weren't up to snuff . . . secretly basing that conclusion on your non-payment.

Hope some of this is useful.

Re: Being sued for rent fifteen months after leaving apartment

First, you can file for bankruptcy in federal bankruptcy court in the jurisdiction you are domiciled in. Second depending on what petition you file, your debts are discharged Chapter 7, or a payment plan can be worked out, Chapter 11, 13. A bankruptcy stays on your record for 10 years, and you must decare that you have filed for bankruptcy on any application. It may be to your ultimate benefit to contest the charge against you, since if you do not appear to answer, a default judgment will be entered against you, and will remain for 20 years. If the charges against you are not legitimate I would advise contesting them. Although if you are granted bankruptcy protection the university may not continue collection efforts and may not retaliate against you in any way. If the debt is legitimate, try to work out a repayment plan it may save you grief later on in life.