[Strat]

I’m writing this letter to you in behalf of my girlfriend. She is a single mother doing her best to raise her two young boys (7 & 10 years old) all on her own. She takes pride in knowing that she is able to provide them with all the amenities that she had to go without during her growing adolescent years. She is buying her own home to give her boys a safe and stable living environment in which they can grow. She provides then with home cooked meals, clothing and up to this point – private schooling. To her it’s well worth the additional expense to take her boys to a less populated private school in hopes that they will receive more of an individualized interactive learning experience.

About mid way through the last school year she realized that the boys didn’t seem to be responding well to the teaching techniques provided by the private school that they were attending. So like any concerned parent would do she ended up finding another private school that she had heard good things about and decided to transfer them. She let the attending school know that she was withdrawing the boys and that they would not be going to be going to school there any longer. After filling out the necessary withdrawal paperwork provided to release them from the attending school, the boys then began going to the new school.

Just recently my girlfriend received some legal documentation via certified mail that came to her place of work. She signed for it and then later realized that it was a letter to her and her employer stating that the previously attending school had turned her into the state for not paying for the second half of last years school tuition? She was never told nor previously notified up to this point that she would have to pay the remaining tuition for the boys even though they were not attending? My understanding is that the school turned her into the state and now her employer has been given papers stating that they will be garnishing up to 75% of her wages from every weekly paycheck. The approximate amount of money supposedly owed to the school for the remaining 6 months of tuition is $2,600. They are going to be garnishing over $500 a month from her paycheck. With her current income being garnished she will barely be able to pay her mortgage let alone their current schooling tuition and all the other utilities, daily expense and any unforeseen doctor bills that may accrue.

My question is:

Can they garnish her wages without first making several attempts to notify her? She has not changed her residence, so you would think that they would have mailed her a notice of some sort?

During the withdrawal process nobody ever stated that she was bound to any sort of contract that would make her responsible for the remaining 6 months tuition. Had she be informed of this, she would have had no choice but to keep the boys enrolled because Lord knows that she cannot afford to pay double tuitions.

Nobody has produced any documentation or signed contracts stating that she understood any agreement and that she will be held responsible for 6 months of unattended tuition. However, if indeed she did sign a release document that stated in some fine print that she is responsible for paying the remaining 6 months tuition don’t you think the school should have made this very clear to her?

At this point she feels somewhat defeated and is losing hope knowing that she cannot afford any legal assistance with this matter. If you have suggestions or know of any websites that might have additional information on matters such as this they would be greatly appreciated.

Thank you,

Concerned boyfriend

[progunr]

I too am confused as to how a private school could use the states power to garnish wages without so much as a court hearing or trial.

She should really consult an attorney on this, the people she needs to fight are very powerful and she needs a heavy hitter on her side in this matter.

I'd rather pay an attorney who may be able to correct this injustice than just let them take my money.

[Fr_Chuck]

First what was in the school contract that she signed and/or agreed to, There would have been a at a min a several page form that noted the fees and changes and how they were payable, and would have also stated leaving. It is not uncommom in private schools for all the fees to be payable I can not speak for private grade schools specificly but if you were to enroll in a welding school, or a college, even if you stop going after a certain amount of time ( normally 30 days or less for some) the entire fee is payable. And as long as this notice was included in the enrollment paperwork, I am not sure notice at time of leaving is required
** but it would be state law.

But with the exception of some debts, most debts they will have to file a law suit and get a judgement before they can garnish.

Also there are max amounts they can deduct by state law ( if the person is head of household it is normally less than a single person.

[JudyKayTee]

I’m writing this letter to you in behalf of my girlfriend. She is a single mother doing her best to raise her two young boys (7 & 10 years old) all on her own. She takes pride in knowing that she is able to provide them with all the amenities that she had to go without during her growing adolescent years. She is buying her own home to give her boys a safe and stable living environment in which they can grow. She provides then with home cooked meals, clothing and up to this point – private schooling. To her it’s well worth the additional expense to take her boys to a less populated private school in hopes that they will receive more of an individualized interactive learning experience.

About mid way through the last school year she realized that the boys didn’t seem to be responding well to the teaching techniques provided by the private school that they were attending. So like any concerned parent would do she ended up finding another private school that she had heard good things about and decided to transfer them. She let the attending school know that she was withdrawing the boys and that they would not be going to be going to school there any longer. After filling out the necessary withdrawal paperwork provided to release them from the attending school, the boys then began going to the new school.

Just recently my girlfriend received some legal documentation via certified mail that came to her place of work. She signed for it and then later realized that it was a letter to her and her employer stating that the previously attending school had turned her into the state for not paying for the second half of last years school tuition? She was never told nor previously notified up to this point that she would have to pay the remaining tuition for the boys even though they were not attending? My understanding is that the school turned her into the state and now her employer has been given papers stating that they will be garnishing up to 75% of her wages from every weekly paycheck. The approximate amount of money supposedly owed to the school for the remaining 6 months of tuition is $2,600. They are going to be garnishing over $500 a month from her paycheck. With her current income being garnished she will barely be able to pay her mortgage let alone their current schooling tuition and all the other utilities, daily expense and any unforeseen doctor bills that may accrue.

My question is:

Can they garnish her wages without first making several attempts to notify her? She has not changed her residence, so you would think that they would have mailed her a notice of some sort?

During the withdrawal process nobody ever stated that she was bound to any sort of contract that would make her responsible for the remaining 6 months tuition. Had she be informed of this, she would have had no choice but to keep the boys enrolled because Lord knows that she cannot afford to pay double tuitions.

Nobody has produced any documentation or signed contracts stating that she understood any agreement and that she will be held responsible for 6 months of unattended tuition. However, if indeed she did sign a release document that stated in some fine print that she is responsible for paying the remaining 6 months tuition don’t you think the school should have made this very clear to her?

At this point she feels somewhat defeated and is loosing hope knowing that she cannot afford any legal assistance with this matter. If you have suggestions or know of any websites that might have additional information on matters such as this they would be greatly appreciated.

Thank you,

Concerned boyfriend

I don't understand that the school turned her into the State - unless she was receiving some sort of State assistance (tax breaks, tuition reimbursement) and continued to receive the assistance after the transfer.

She would have to review the original contract - when she moved her boys the school did not have to explain anything to her, it was up to her to understand what she had originally signed. She has to prove that they cannot do this - they don't have to prove that they can because, in fact, they already have! They don't have to prove that she did or didn't understand nor did they have to explain the terms of any release. As an adult, she is presumed to understand and read what she signs, before she signs it.

In "most" areas, yes, you get sued, you go to Court, there's a hearing, there is or is not a Judgment, that turns into a garnishment - were those rights waived by contract when she enrolled the children? Or did the release when she withdrew them contain a confession of judgment? I am thinking in that direction.

I think at this point the choices are pay this OR talk to an Attorney, papers in hand, and get a legal opinion and see if the garnishment will stand.