Posted on January 27, 2010 at 9:42 pm Hello! I hope I am posting this in the right category.In 2005 I attended a private college in Pennsylvania. However, in October 2005 I had to drop out due to a family illness. I had owed the college a portion of my tuition but was not able to pay in full. As of October 2005 they tried to collect the debt but I was unable to pay in full and attempted to work out a monthly payment plan. They would not accept a settlement nor a payment plan that I could afford. At the time that the debt occurred, I was 17 years old. In any event, today my father received a summons that I was being sued by the college and must appear next month. However, I have been told by numerous people that the time to sue has expired and is "time-barred" as the statue of limitations to sue for a debt in PA is four years.To clarify--this is not a student loan; it is tuition. Does the statue of limitations apply to this? As of October 2009, it had been four years.Not to mention, at the time of the debt, I was 17 years old. However, I have been told that since I am now of legal age, the fact that I was underage at the time has no bearing in the case whatsoeverI have found many resources regarding the statue of limitations but there seems to be a gray area regarding this issue.I live nearly 1,000 miles from where I must go to court. With attending college and work, I'd hate to lose money (and not attend classes) if something can be done outside of court. I had read that you can write to the court and explain that it is time barred and that the case will get dismissed. If in fact the statue of limitations does apply to this, what exactly am I expected to say in a letter to the court?If the statue of limitations does not apply to this--what should I expect for court? Thank you..

Posted on January 28, 2010 at 1:32 am Hi. Thank you for dropping by destroydebt.com. I am not a lawyer but this is what I've read - Tuition fees are not student loans (Federal or private) and so SoL's don't apply to them.Question though, did you sign a promissory note with your college?

Posted on January 28, 2010 at 1:35 am You can file bankruptcy to avail of the automatic stay provision - it might halt or delay your court appearance.Also, am I to understand that you're still a student but of another college?

Posted on January 28, 2010 at 1:49 am I agree with the black sheep, bankruptcy might discharge this debt as it is not a student loan.Under section 11 USC 523(a)(8) of the US Bankruptcy Code - student loans are not dischargeable.Education loans (unpaid tuition fees) could be discharged in bankruptcy, as long as you can prove that it's an education loan (with documents) & that it's not a contractual agreement with the college...if you signed a promissory note then you are under an obligation to repay. Bankruptcy would not discharge that.

Posted on January 28, 2010 at 1:52 am Wait. Who sent your father the summons? I should think that the worst thing that the college can do for students with unpaid tuition is withhold their transcript of records ...If you need your transcript & you file bankruptcy...they would have to release it...

Posted on January 28, 2010 at 1:58 am Were you able to contact your school about this recently? I heard that some schools arrange or offer a payment plan (via a third party) that would allow you to pay your tuition in portions rather than all at once...

Posted on January 28, 2010 at 2:08 am I think they're suing you  for breach of contract ... in that case, you should be advised by a lawyer.

Posted on January 28, 2010 at 6:34 am I don't remember signing a promissory note... It was four and a half years ago :-/ So, unfortunately, I just don't remember. However, I was underage at the time. Like I said before, someone had mentioned that even though I was underage at the time, it has no legal baring now. Just wanted to know if that was true.I did not take out any student loans or financial aid. My dad and I were new to the college thing and didn't quite understand how it worked--loan and financial aid wise. So, at the time, we were trying to figure it all out... but never proceeded with applying for loans. So, I had an outstanding balance at the college when I left.I did not finish out the semester as my mother grew ill and unfortunately passed away this past October... So, I don't need the transcript. At the time, I just couldn't justify being at college knowing that my mom needed my help so I withdrew.It HAS hit my credit and affected it. However, it's been on there for nearly 4 years. Unfortunately, my father being in his late 70's is not all with it and when he would receive bills/phone calls from the college he would not forward them to me nor tell me about them (I was living 1,000 miles from him).They had tried to send summons through certified mail however I do not live in the state that they sent it to and they would not let my dad sign for the certified mail. Called the post office to try and get it delivered to me but they had already mailed the letter back to the courthouse. In any event, a sheriff showed up and delivered the summons to my father yesterday.Bankruptcy seems like a severe thing to do as I am only 22 years old. However, I do not have the money to pay nearly $5,000. I DO work--but I can hardly feed myself let alone $5,000 all at once. While it is no excuse, I did not understand or know the consequences 4 1/2 years ago... Nobody explained it to me and now it's come back to bite me in the butt.Yes, I am attending college now at another school... So, am I understanding that the SOL's don't apply to this? I've read so many mixed things on the internet. Some websites state that since it is a private school and NOT a state school that the SOL's do apply but of course others say differently.Hiring an attorney sounds like another fee that I just can't afford. I'll do what I have to do but I also don't want to hire one if it isn't necessary. Just a sticky situation.

Posted on January 29, 2010 at 12:03 am I agree, filing bankruptcy seems like a severe move, but then again - isn't receiving a court summons a severe situation too?Anyway, it seems like you have a good grasp of the events that led to you being served a summons - do show up at the hearing, explain your side, and I guess it's a wait and see - let the court do it's thing.I wish you the best.

Posted on January 29, 2010 at 11:07 am I suppose.This is the only debt I have. I pay all my bills on time and do not believe in credit cards... So, the whole bankruptcy things twirks me as I feel that there has to be another solution. Getting a summons IS a severe thing but I just want to know IF I have any recourse considering my age at the time of attending the school. A lawyer has told me that in the eye of the law you are not a "person" until you are 18 years old so even if I DID sign a promissory note it would be null and void. As I said before--I DO remember going to meet with someone on campus and I vaguely remember signing something, but neither of my parents were present... I don't think it's really fair that I'm held responsible if I wasn't even of legal age--maybe if my parents were present at the time when I was going over paperwork it'd be a different story.