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  1. #1
    Join Date
    Oct 2010
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    Default Notice of Unpaid Student Tuition, Three Years Later

    My question involves collection proceedings in the State of: Virgina

    My son attended a state university in Virginia during the 2006-2007 school year. In February 2007, the spring semester tuition was paid partially with a 529 College Fund check made payable to the school. In May 2007, he left school with a 0 balance. However, in August 2010 the school informed him that the check never cleared. We have e-mailed and called the school requesting a copy of the check, date the check was deposited, etc. with no results. In October 2010, he recieved a collection notice with an additional $600 added to their original total. WHAT IS THE STATUE OF LIMITATION ON THIS TYPE OF DEBT? DOES HE HAVE ANY RECOURSE?

    MommieK

  2. #2
    Join Date
    Sep 2005
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    Default Re: Notice of Unpaid Student Tuition, Three Years Later

    The issue would appear to fall under the five year limitations period for contracts, although if the university is considered to be a state agency that limit may not apply.
    Quote Quoting Virginia Code § 8.01-246. Personal actions based on contracts.
    Subject to the provisions of § 8.01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years next after the cause of action shall have accrued:
    1. In actions or upon a recognizance, except recognizance of bail in a civil suit, within ten years; and in actions or motions upon a recognizance of bail in a civil suit, within three years, omitting from the computation of such three years such time as the right to sue out such execution shall have been suspended by injunction, supersedeas or other process;

    2. In actions on any contract which is not otherwise specified and which is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not;

    3. In actions by a partner against another for settlement of the partnership account or in actions upon accounts concerning the trade of merchandise between merchant and merchant, their factors, or servants, within five years from the cessation of the dealings in which they are interested together;

    4. In actions upon any unwritten contract, express or implied, within three years.
    Provided that as to any action to which § 8.2-725 of the Uniform Commercial Code is applicable, that section shall be controlling except that in products liability actions for injury to person and for injury to property, other than the property subject to contract, the limitation prescribed in § 8.01-243 shall apply.
    Quote Quoting Virginia Code § 8.01-231. Commonwealth not within statute of limitations.
    No statute of limitations which shall not in express terms apply to the Commonwealth shall be deemed a bar to any proceeding by or on behalf of the same.
    When he contacted the plan administrator and asked why the 529 fund check was not honored, what was he told?

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