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Collection of a Direct Debt to a School - Not a Student Loan

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  • 02-21-2007, 12:24 AM
    klevans123
    Collection of a Direct Debt to a School - Not a Student Loan
    I recently tried to get a transcript from my old university so I can enroll at another university this summer on the Social Securities PASS (Planning to Achieve Self Support) Program. I just got an official transcipt from my old university in the summer of 2005 so I could attend a community college and there was no problem at that time. My old university listed me as "IN GOOD STANDING".

    Now they refuse me an official transcript saying I owed an old debt to the university from 1995. They said they got a judgement against me in 1997 and placed with a collection agency. First of all, I was never served with anything. When I left school in 1995, I got a refund for my Pell Grant balance and left the school in good standing then. This is my first time hearing of an outstanding balance.

    I 1999, I became disabled and filed for Chapter 7 bankruptcy. Shouldn't that debt have been discharged anyway? The collections agency that has the debt says that I could have had the debt discharged because it was a student loan. So i asked them to send me a copy of my debt and it is NOT a student loan, but some outstanding charges the school say I incurred after I got my refund check.

    Since I was never served with a summons, is this judgement legal? Or can I somehow retroactively have the debt discharged because of my Chapter 7 bankruptcy I had back in 1999?
  • 02-21-2007, 08:25 AM
    seniorjudge
    Re: Direct Debt to School / Not a Student Loan
    Go to the courthouse where the judgment was rendered. Ask the clerk of the court to give you a full copy of your file.

    Then post back how and why they got a judgment against you.
  • 02-21-2007, 10:38 AM
    klevans123
    Re: Direct Debt to School / Not a Student Loan
    Quote:

    Quoting seniorjudge
    View Post
    Go to the courthouse where the judgment was rendered. Ask the clerk of the court to give you a full copy of your file.

    Then post back how and why they got a judgment against you.

    I have everything from the court. They said they automatically awarded a judgement against me because I never showed up to contest it in court. But I never knew anything about a court appearance. The addressed they have listed on the judgement as to were I lived and worked were not even current for the time period they said they served me.
  • 02-21-2007, 11:06 AM
    seniorjudge
    Re: Direct Debt to School / Not a Student Loan
    Quote:

    Quoting klevans123
    View Post
    I have everything from the court. They said they automatically awarded a judgement against me because I never showed up to contest it in court. But I never knew anything about a court appearance. The addressed they have listed on the judgement as to were I lived and worked were not even current for the time period they said they served me.

    Did you notify anyone of your change of address?
  • 02-21-2007, 11:28 AM
    Mr. Knowitall
    Re: Direct Debt to School / Not a Student Loan
    If it was a zero assets Chapter 7 discharge, and this was not a guaranteed student loan, it should have been subject to discharge. If they won't recognize the validity of the Chapter 7 discharge when you present it to them, you may have to go back to the bankruptcy court and seek to amend to have this debt specifically included in the discharge. Given the passage of time, if you have to try that you would probably want to consult a bankruptcy lawyer.
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