Legal Question in Civil Litigation in New York
Can I sue for refund?
I've lived in NY since the age of 7 (1991) when I immigrated from Jamaica, WI, up until May of 2006 (I now live in GA.)In 2002 I enrolled in State University of NY College at Old Westbury. As a NY state resident you're entitled to in-state tuition charges of $4000 per year.
By that time I was a naturalized citizen but didnt have a passport to prove it. THe school told me that I couldnt get in-state status without proof of citizenship. I got my passport and presented it to them. Once I got that they told me I needed state taxes to prove NY state residency. At that time my parents filed their state taxes but didnt claim me since I was filing on my own. I neglected to file my own state taxes that year. As a result they charged me the out of state tuition for 6 times more that the in state amount.
Out of desperation to finish my education I just took out loans to pay the tutition and have since graduated.
I now have to start paying back my student loans but dont feel I should have to pay the out of state amount. I recently filed my 2001 state taxes and have obtained W2s from that year proving I was a NY state resident at that time. Since I can now prove I was a NY state resident at the time, do I have a case?
2 Answers from Attorneys
Re: Can I sue for refund?
Did you graduate from a New York school. You stated that you immigrated to the U.S. at the age of 7. Thus, I am assuming that you attended school in New York; accordingly, that was more than enough to prove your qualifications for in-State tuition. But, you may be out-of-time. Check with your school and show them your high school transcript which should show that you attended school in New York.
Re: Can I sue for refund?
You are probably too late to get a refund from the school and even if you could that would only cover part of the debt you have to your lending institution. You waited too long to try to get this resolved; you needed to take care of this before you paid the out-of-state tuition or shortly thereafter. Sorry.
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