garnishment dispute
Date: Thu, 03/05/2009 - 20:32
garnishment dispute
i discovered this line in reference to proposed garnishment and validity of claim
"Unpaid Refunds owed by the school attended by the borrower with the loan proceeds."
in 2002 the university i attended lost a appeals court ruling dealing with illegally charging over 100,000 students tuition.
the amount I was over-billed was in the thousands yet I will never see a remedy from the school for this amount. my question is this according to that line could i dispute a proposed garnishment of my wages?
overcharged "tuition' has no bearing on loan proceeds. The refu
overcharged "tuition' has no bearing on loan proceeds. The refund had to be directly linked to the loan refund. If the school lost the appeal, you would have to get a refund from the school directly. Would your loan proceeds have covered the correct tuition amount?
this is a direct reference to that line that says I could disput
this is a direct reference to that line that says I could dispute the proposed garnishment if the school owes me a refund. or perhaps I imagined that line.
let me clarify what i was reading f) The loan may be subject
let me clarify what i was reading
f) The loan may be subject to discharge in whole or in part due to:
1. Closure of the School attended by the borrower with the loan proceeds
2. Ability to Benefit falsely certified by the school that approved the loan.
3. Unauthorized Signature or Forgery of the borrower?s name on the promissory note or disbursement checks.
4. Public Service Cancellation (Perkins loans only)
5. Unpaid Refunds owed by the school attended by the borrower with the loan proceeds.
6. Death or permanent and total disability of the borrower.
The school owing you a refund due to overcharged tuition? We
The school owing you a refund due to overcharged tuition?
We had cases like this before....what we were told was that if the loans would have covered the correct tuiution balance, then the refund dispute wont fly. In other words, if they had charged you the correct tuition, would you have gotten a refund? If the correct tuition was $10,00 and your financial aid was $5000, you would not have received anything back.
So If, by appeals court ruling mind you, the tuition should of b
So If, by appeals court ruling mind you, the tuition should of been 0.00. and they charged me 20,000. My loans were for 5,000 would it fly then?
Were you entitled to zero tuition? Or were you granted loans ba
Were you entitled to zero tuition? Or were you granted loans based on a published tuition rate?
Usually court cases and decision have no bearing on financial aid contracts. To even attempt this dispute, you will need to send in all the court docs and background materials. It is a sticky one.