<p>Trin, I assumed such. I also assumed the folks on this thread would find a nit to pick. I just thought I’d throw another pre-emptive body block so you could make it to the house intact. (Or “head them off at the pass”, pick your favorite;))</p>
<p>I wish your family well.</p>
<p>I paged back through this thread to catch up and am so sorry this has turned into such a nightmare for you TrinSF. I work part time as a manager of a collection facility. (I know…I can hear the boos being shouted at me as you read!) But I wanted to say first to be glad that this has not been placed with a collection agency and your goal is to keep it that way. Secondly…I believe this debt has now become your sons because he is 18 and according to regulations they may not be able to discuss this debt with you. I understand that you signed. But it is just like a doctor appointment. You may have been able to get information on your kid’s office visit at 17, but then they turn 18 and it’s no longer your business. I sense that this is what may be happening. The only way to know for sure is to immediately call the school. </p>
<p>I have to agree with everyone here who says call them today and try to see if they will talk to you. If not, you have to get your son to call asap. Paying any amount you decide on the date you decide may not work with a collection agency but can most likely work with the school. Set something up. They want to know that you are not ignoring the debt. That is key. Ask if this is being reported to your son’s credit. Since it’s not with a collection agency, the school may not be reporting it to the credit bureau which would be at least one saving grace. But yes…I believe that they can make this debt your son’s. There may be something in the paperwork somewhere that says he will assume liability if not paid when he reaches 18. You have to check.</p>
<p>On an aside… sometimes believe it or not children can be responsible for a parent’s debt in that if there is an estate left to them from a deceased parent, that money could be taken if a collection agency chooses to pursue it.</p>
<p>OP. There is a great deal of incorrect information on this thread. Please heed my words and contact a local attorney. Check with the bar association for pro bono referrals, or - as someone else suggested- what’s left of the gutted Legal Aid sysytem. Look in the Yellow Pages and some attorneys may have a “free initial consultation” listed. </p>
<p>I can’t speak to California law but I can direct you back to calmom’s excellent post. Calmom is a California lawyer and based on past posts I believe has dealt with a clientele likely to have these issues.</p>
<p>
To Reiterate: Your son needs to write a letter to the Bursar’s office stating that he disputes the debt because he was a minor at the time it was incurred and because he was not a party to the contract entered in between the university and his parent. In that letter he needs to specifically ask the university to cease sending him letters or making phone calls concerning the debt. **He<a href=“not%20you”>/B</a> needs to correspond directly with them, and if they claim after that letter that he still owes them money, he needs to send a follow up letter reiterating that it is not his debt and requesting the legal basis on which they are claiming he owes it. </p>
<p>I realize this info may have gotten lost among the shuffle, but this is what your son needs to do to stop the collection attempt. </p>
<p>The answer to your first question, “can the school pursue him” is yes, a creditor can try anything they want to get someone to pay – the law doesn’t really kick in until they get a response. Once they get a written response stating that the bill is disputed and requesting that they cease collection efforts, the law does kick in and limit what they can do. </p>
<p>I have gotten letters requesting me to pay bills from total strangers because of some sort of glitch in records (such as a similar last name) – I wrote back and said “it wasn’t me” and they went away. If I hadn’t written back, then I suppose they would have kept on trying to collect. But it wasn’t illegal for the creditor to write me in the first place.</p>
<p>CA law apparently allows for debt to be forgiven after 4 years- but I don’t know if something that is considered tuition would fall under this
<a href=“http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]”>http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm</a></p>
<p>Well, they can’t harrass you or make threats that aren’t legal, either</p>
<p>So, now that we are clear on the status and circumstances of the debt, I would contact an agency that helps those in debt to get all the correct legal rules for your state…</p>
<p>You need to know very specifically who the burser can go after LEGALLY…that way, you are coming from a place of FACTS, not supposition, and then when you coorespond with them, you have information that is accurate</p>
<p>In the meantime, contact the bursers and tell them that you are handling the payment on this, and all future communication should come to you…son needs to do the same</p>
<p>If I remember correctly, for any college program, if the student is under 18, parents must also sign all forms, for instance for housing, because a minor can’t sign a contract or agreement without parental/guardian signature, who is the ultimate person responsible</p>
<p>So, yes, they can send letters, but can they follow through with the threats, not sure</p>
<p>calmom: Thanks. That was exactly my plan.</p>
<p>TrinSF, it is more than likely that your son also signed various pieces of paper, and that you were only a co-signer for a mionr. Now that he has reached the age of majority, I believe (as stated before) that it may be that they consider that he has ratified and thus accepted the contract.</p>
<p>It may also be an error - because bills for the college students are all sent in their name, they may simply be sending these bills to your son as a matter of course. The bursar’s office is not often used to dealing with minors for more than a few months.</p>
<p>Chevda: Yes, one of next steps when I get a moment is to pull out the file with those documents and see who actually signed what. I keep great records. Right now, though, time to go work! *wave</p>
<p>It seems that the OP is trying to pay the bill but doesn’t have the funds to pay it in full. She had the son take the program at the promise of people who pledged to help pay for it.<br>
OP, I would follow the advice to stay on the phone until someone will talk to you and get them to set up a small, regular payment plan with you.<br>
If it does get turned over to debt collection, tell the debt collection caller the same thing. that you will set up a small payment plan system with them.<br>
They may be able to transfer the debt to your son, sorry I’m not sure.</p>
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<p>It is likely that this change was made because you son is now 18. The bills from the Bursurs office at both of my kids’ schools are addressed to THEM because they are both 18 (or over). Both schools (at parent orientation) said that bills for students 18 or older…and any other info (e.g. grades) would be sent to the STUDENT. For students under 18, this “stuff” is mailed to the parent…because the child isn’t yet at the age of majority. This does NOT, however, address the issue of WHO is responsible for paying the bill. It’s just who it is being MAILED to.</p>
<p>It think Calmom’s advice and Cur’s are dead on. You need to contact folks where you are. Send those letters, get some legal advice (legal aid), and see how it all plays out.</p>