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  1. #1
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    Jan 2011
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    Default Notice of Unpaid College Debt More Than Four Years Later

    My question involves collection proceedings in the State of: VA

    My Girlfriend attended Northern virginia community college from 2005 and graduated in 2007.

    In 2008 she had a bankrupcy(Before we met). It didnt clear educational loans. But it showed all of her open debts. This debt was not there. So the years went by, she moved and such. She didnt update her address in NOVA's system... because HELLO she doesnt attend that school anymore.

    In 2011, after filing her taxes, she received a warning that there is a tax lien against her. The lien was from NOVA. They claim that she owes them money from 2006. They stated they found this after a system audit in 2010. They tried to contact her, but had she moved.

    We wouldnt have a problem paying, but I dont think its fair that she has a collection against her. Why should she have to update her address in NOVA's system after she graduated, and left believing that she didnt have any debts. They didnt know she had a debt for 3.5 years! And now they come knocking?

    I have been trying to get the collection off her credit, and we would be willing to pay an owed debt. But they are not trying to work with us. If she is going to have a collection on her credit, I dont see why she should pay. Does she have any recourse?

    My Questions are:
    A) What are the statue of limitations on this debt?
    B) What can the collection agency do about this debt?
    C) She already has a bankruptcy in 2008. How much worse can this make her credit?
    She had been working on fixing the Credit and hasnt been late on any payments since 2008. This is a pretty big setback though.

  2. #2
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Quote Quoting kenmasters
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    My question involves collection proceedings in the State of: VA


    My Questions are:
    A) What are the statue of limitations on this debt?
    B) What can the collection agency do about this debt?
    C) She already has a bankruptcy in 2008. How much worse can this make her credit?
    She had been working on fixing the Credit and hasnt been late on any payments since 2008. This is a pretty big setback though.
    A. Looks like 5 years but VA has a variety of SOLs for debt, might want to consult a lawyer.
    B. Sue her in court to get a judgment. Depending on what evidence they have, they will win...especially if she doesn't show up to defend herself.
    C. Not much I imagine.

    Did she think the money owed to the school just magically disappeared when she didn't see it on the BK? If she knew about it, and it didn't show, she should have contacted the school to straighten it out. What made her believe that she had no debt to the school? Surely she kept track of payments and amounts owed so it should have been obvious to her that there was an issue. She has made her bed and will now need to lie in it.

    What do you mean when you say they won't work with her? Is she wanting to make payments and they aren't interested? That's pretty normal. How about borrowing the money from somewhere that will take payments? If she does make any kind of deal with the CA, make sure it is in writing and that it include Pay for Delete...in other words once she pays, they will remove the item from her CR.

  3. #3
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    Jan 2011
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    1) She didnt know about the Debt. She has Student loans, which she has been paying. She dropped a class, and the money was refunded to the loan. But she didnt realize it.

    2) She also took classes in 2007, no mention of monies owed. You are not allowed to register for new classes, when a debt is owed.

    2) Also she graduated. Again, you are not allowed to graduate with a debt owed to the school.

    4) When I say they wont work with us, I am saying they wont drop the collection fee, or take that off her credit. If thats the case, I dont see the advantage of paying. If they drop the fee and remove it from her credit, we will pay.

  4. #4
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Quote Quoting kenmasters
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    1) She didnt know about the Debt. She has Student loans, which she has been paying. She dropped a class, and the money was refunded to the loan. But she didnt realize it.
    What does the dropped class have to do with it? If they refunded the money directly to the loan-issuer that should have resulted in a positive against her loan balance, not a negative. Or are they saying the money should not have been refunded and thus she owes it to the school? It's been too long so I don't remember if you are supposed to get a refund if you voluntarily drop a class or not. She was allowed to take classes and graduate because, as you mentioned in your OP, they didn't know she owed the money until they did the audit last year.

    As for the CA, if her loan contract stated that they allowed collection of fees and interest, it may be allowed depending on VA law. Have you offered to pay the whole thing in exchange for a removal of the item? If the fees are too big and they are willing to drop the item from her CR, it may be the best deal you're going to get.

  5. #5
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Thats what I think should have happened as well. But that wasnt the case.

    She dropped the classes before the refund date, and fell below some minimum. So they refunded the money to the loan because she no longer qualified for the loan for that semester.

    So she owes for the entire semester. But back to the point, she didnt know she owed the money. The school didnt know for 3.5 years. And now there is a collection against her. I am still talking to the school about paying the debt.

    But from the sounds of it, it didnt sound like they would budge on the collection. Which I dont understand. It seems like there were mistakes on both sides. How does it benefit the school if we dont pay?

    It benefits her, if they can remove it from her credit. It benefits the school, if we pay. Seems like a no brainer. But I guess not.

  6. #6
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Quote Quoting kenmasters
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    I am still talking to the school about paying the debt.
    No offense but you ain't got a dog in this fight. She needs to be the one talking to them as you have no legal standing to do so, unless you also happen to be her lawyer.

    Is she being contacted directly by the school or a third party collection agency? I'm not surprised the school isn't willing to play ball if it's them. They just found out about it and are going to try and get full payment before either working with you or selling the debt to a third party creditor. So the school has declined a full, cash payment in return for a delete?

  7. #7
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Quote Quoting free9man
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    No offense but you ain't got a dog in this fight. She needs to be the one talking to them as you have no legal standing to do so, unless you also happen to be her lawyer.

    Is she being contacted directly by the school or a third party collection agency? I'm not surprised the school isn't willing to play ball if it's them. They just found out about it and are going to try and get full payment before either working with you or selling the debt to a third party creditor. So the school has declined a full, cash payment in return for a delete?
    The problem is, English isnt her native language. She speaks english well, but when people talk too quickly she can get confused.

    Which is why I am doing the talking. I am still working up the ladder of the school business office. The first two people have given us a thumbs down. (To be fair, the first two people were on the same level, I am not sure why the first person referred me to a second person.... who was on the same level)

  8. #8
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    I have been trying to contact their business manager for 3 days.

    Its ridiculous.
    They took 3 years to discover that my GF owed them money.
    Now they blame her for not keeping her school address up to date... 3 years after she graduates?

    As soon as we find out.... we want to resolve the matter. I call consistantly, We are willing to pay and we DO not receive a call back. Seriously? It is not fair that they are allowed to pull this stuff. Who the heck keeps their School address up to date 3 years after they graduate?

  9. #9
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Quote Quoting free9man
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    No offense but you ain't got a dog in this fight. She needs to be the one talking to them as you have no legal standing to do so, unless you also happen to be her lawyer.

    Is she being contacted directly by the school or a third party collection agency? I'm not surprised the school isn't willing to play ball if it's them. They just found out about it and are going to try and get full payment before either working with you or selling the debt to a third party creditor. So the school has declined a full, cash payment in return for a delete?
    Yes, the school has decline a full payment for a delete. The Business manager states "She can find no error made by the school" Thus the collection and the fee are valid.

    For the question "Why was my GF able to register for classes in 2007, even though she had a debt in 2006?"... and to the question "Why did it take 3 years for the school to realize that she had a debt owed?"...."Thats another department"

    IMO, this is the difference between doing the right thing, and doing the lazy thing. She isnt researching why the "Another department" took 3 years to realize that my GF had an unpaid debt. She is just going to absolve to school of all accountability. "Oh, thats another department"

    I sent another rebuttal to the business manager. My final question to her is "Does the school have a responsibility to notify a student of an unpaid debt in a timely manner? If not, then why not?"

  10. #10
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    Jan 2011
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    Default Re: Notice of Unpaid Debt, 4 Years Later. Nova Community College in Va + Collection F

    Awesome, after a month of giving me the run around, the school claims they made no mistake at all.... when they sent my GF a bill 3 years after she graduated. I have asked them about a dozen times, "Why did it take 3 years?", does the school have a responsibility to notify its student of a debt within a reasonable time frame.

    I have received No answers to any of my questions. I havent even seen an attempt to answer my questions. I am so mad right now, its ridiculous.

    Can She take the school to small claims? She is willing to pay the tuition, if the collection is dropped.

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