Legal Question in Education Law in Utah

Private school holding transcripts

My husband attended a private high school his jr and sr years of high school. His sr year of high school his parents fell into financial trouble and didn't pay the entire bill (theres like $9,000 left) The school is holding his transcripts and diploma from him until his parents pay the bill... which will never happen... Now he cannot apply for college because he has no proof of him even graduating or completing grades 11 and 12.... He was a minor the entire time he was in school and even graduated as a minor... He was never responsible for the bill.. it was his parents irresponsibility that it isn't paid..Is there anything he and I can do now without placing the huge financial burden on us? (This school was in IN)


Asked on 11/19/08, 1:01 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Private school holding transcripts

You need to check with a UT lawyer about the application of UT state law. In general, however, transcripts are the property of the institution. They can contract with a student (or his parents) that fees have to be paid before transcripts can be provided. There seems to be a federal exception in bankruptcy cases where, in order to facilitate a "fresh start," transcripts cannot be withheld if it intefers with acquiring more education to get on with one's life. There also have been cases where schools abuse federal and state laws with respect to debt collection. The proper remedy is to sue the parents since the contract with the school was with them. Husband is just a third party beneficiary. If the parents are dead or bankrupt or missing in action, the contract may be null. Good luck.

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Answered on 11/19/08, 1:25 pm


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