Should I fight a false debt claim or just let the statute of limitations run out?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Should I fight a false debt claim or just let the statute of limitations run out?

When I left college, I was careful to withdraw before the deadline(after which I would still owe tuition), and left the school debt free. Later I started getting phone calls from a third-party collector. I wrote the school. They claimed to have no record of my withdrawal. It’s been 6 months since I’ve heard from the collector and I have about 8 months until the statute of limitations is up. However I just got a letter from the the state of IL saying that they are giving my tax refund to the school. Should I protest and risk being pursued? Or cut my losses and hope to fly under the radar until the SOL runs out?

Asked on January 29, 2011 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to find the documentation to show you left the school before the withdrawal date, go to the school and show exactly that documentation.  Otherwise, you should deny the charges, either wait until the statute of limitations runs and then file claims through your credit reports or contact the Attorney General in your state, explain your situation.  Oftentimes, the state's consumer protection laws can help you, especially if you have educational charges you do not need to pay back.  I would also contact your state's department of education and get this straightened out because now your taxes are being impacted, which could harm your credit reports more than this collections matter. If you are still in fear this is not enough, contact your state's bar association and see what low cost or no costs services you qualify for (if any) and see if an attorney can help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption