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  1. #1
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    Apr 2014
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    Default 11 Year Old Tuition Debt Called Back into Collections

    My question involves collection proceedings in the State of: Florida

    Here is the situation: A portion of my tuition wasn't paid for my loans (my federal loans are completely and 100% paid for) at this one institution that I spent 1 semester at and didn't finish for personal reasons. It was in collections directly after it happened, I paid a few payments (about 6 months), and that collection agency went out of business (or closed, or was fired). I never heard anything else about it. Not that I didn't OWE the debt. But I never moved and I figured I would hear from the person who would assume the debt because I heard from the agency who was no longer servicing it.

    So here I am, 11 years after the date I attended and left the school. Again, this is tuition due directly to the University, not loans to the government. The Collection agency called and threatened to sue me, my kids, go to my husband's command (he is military), and put a lien on my house, if I owned one (he didn't know), if the balance wasn't paid immediately. I want to know if this is him just talking air or if this is a real concern. I realize this is a harassing tactic on his part, but I need to know legally if there is any standing; if tuition is the same an education loan.

    Is there a time frame on collecting on debts like this?

  2. #2
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    Are we talking about a public or private college?

  3. #3
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    Public College

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    I have called the University to verify that this was tuition, and then the added collection fees, and no loans. They were for a semester 11 years ago.

    The Collection Agency said there was no statute of limitations on any sort of debt relating to education, whether it be an overdue book fine, tuition, or federal loan. I know the federal loan portion has no statute of limitations. What I am questioning is the validity of suit (this isn't a question of if I owe the amount or not). Can they SUCCESSFULLY sue me for just straight tuition fees? I know they can sue me and I can answer, but would they have a case, is what I am asking? Does straight tuition fall under statute of limitations?

  4. #4
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    Are you sure that this is a collection agency, not a junk debt buyer?

    I see nothing in Florida's law that would take this out of the statute of limitations, which under the facts you share would normally be five years from the time the cause of action accrues.

  5. #5
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    They said that they University specifically STILL owned the debt and they do not buy debt. How true this is, I don't know

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    The Collection Agency is telling the collection agents that tuition is not subject to statute of limitations at all and can be collected until death. I'm not sure if this is actually true and they can sue me, or this is a scare tactic and they are hoping for those to actually pay some on this debt to restart the statute of limitations.

  6. #6
    Join Date
    Oct 2006
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    Quote Quoting MMWoodley
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    They said that they University specifically STILL owned the debt and they do not buy debt. How true this is, I don't know

    - - - Updated - - -

    The Collection Agency is telling the collection agents that tuition is not subject to statute of limitations at all and can be collected until death. I'm not sure if this is actually true and they can sue me, or this is a scare tactic and they are hoping for those to actually pay some on this debt to restart the statute of limitations.
    Based on the other things that the collection agent said, I think its scare tactics. Its a lie that he can sue your kids. Its a lie that he can go to your husband's command (its not your husband's debt). Its a lie that he can put a lien on your house (unless he were to actually get a judgment in court). Therefore I think its unlikely that tuition debt has no statute of limitations.

  7. #7
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    Default Re: 11 Year Old Tuition Debt Called Back into Collections

    I agree with llworking, but will add this: the collection agency is flagrantly violating the FDCPA in making those threats and false statements.

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