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main4502 · Oct 8, 2008, 11:56 AM

I was enrolled in school and had to medically withdraw from school to be placed in the hospital for 14 days in the fall and again in the spring. The school continued to bill me for that semester and will not refund the monies. Because I was sick I am left with very large student loans for that entire year. I just feel like this was out of my control and I shouldn't have to be billed for something I actually didn't receive and was out of my control. Any help would be great. By the way I have met with school registar and he is unwilling to drop without charge.

froggy7 · Oct 8, 2008, 12:53 PM

What does your contract with the school say? When you sign up for classes, there is generally a form with some legalese on it saying when you have to drop classes to get full refunds, etc. If that doesn't say that you will be able to get money back if you have to leave school for medical reasons, then you are probably stuck. The other thing working against you is that you didn't drop out for the semester, but only for 2 weeks each time. The school can look at that and say (quite rightly) that you were enrolled for the semester, attended for the majority of the semester, so you need to pay for it.

main4502 · Oct 8, 2008, 02:39 PM

The student handbook has a minor section on the above question. It states

Regular Academic year:

Date of withdrawal/Refund allowed
Class days 1-4/100%
Class days 5-9/75%
Class days 10-14/50%
Class days 15-19/25%
Class days 20+/0%

Just to set the question straight. I withdrew about half way through first semester because I was hospitalized, however my attenedance prior to that was very speratic, I suffered for a long time prior to being admitted. Same thing in the spring.

I seem to remember from a basic law class the only forgivness of student loans is if depresion is involved.

rockinmommy · Oct 8, 2008, 05:35 PM

So you withdrew AFTER the day 20 cut-off?

He may not be very nice and understanding, but I believe he is correct that they don't have to offer you any sort of refund or leaway on this.

I understand your position, and with the knowledge I have of depression I'm guessing you were debilitated by it to the point of being UNABLE to get yourself up and around to go in and withdraw yourself?? The conuncrum the school is in is that anyone could get to a late point in the semester, realize for whatever reason that they want "out", and claim all kinds of conditions, including but not limited to depression, why they didn't withdraw by the appropriate deadline. They just have to draw the line somewhere.

At this point I think your best option would be retaining an attorney to represent you.

main4502 · Oct 8, 2008, 05:43 PM

I have contacted many law firms in my own city however the university is a large in this town and lawyers say they won't represent me because of conflict of interest. I did withdraw after the 20+ days. What kind of law is this and where do I find a case like it?

rockinmommy · Oct 8, 2008, 06:08 PM

Originally Posted by main4502

What kind of law is this and where do i find a case like it?

I don't know off-hand what "specialty" this would fall under. It doesn't exactly fit any common category. As far as finding an attorney in your city... you just need an attorney who is licensed by your state's bar. Doesn't have to be in your city.

I assume you have plenty of proof from professionals that will show that you were incompacitated to the point of being UNABLE to attend school, as well as hospital receipts, etc? One thought... I don't know if one can be deemed disabled and get any "rights" or benefits in regards to school, as you would with a job??

I know it's not exactly what you want to hear, but there may be no case here...

Fr_Chuck · Oct 8, 2008, 06:12 PM

This is just contract law, the student has a contract with the school, they pay the school though personal money, personal loans and/or student loans.

Normally it does not matter why a student leaves school after the time, they will owe the money.

I really don't understand why you believe you don't owe the money??

main4502 · Oct 8, 2008, 06:37 PM

Yes I do have many reciepts and Dr. notes.

It's not that I don't want to pay my loans or that I don't believe I owe money here, Up to this point I have been making my loan payments. I just can't see how the school can not understand that things out of my control happened.

The really sucky thing about all this is now that I'm back in school I'm on probation from financial aid, and the school because I have a low completion rate. I missed a whole year, I'm going to have a low completion rate. These credits will forever be on my academic record. That just doesn't seem right to me.

But lets say you take a mortgage sign a contract for it, and defalt for the same reason, and the bank is willing to work with you on it... You get to keep the house.

For that entire year, I have nothing but loans to show. Something sounds wrong there.

Fr_Chuck · Oct 8, 2008, 06:57 PM

Law is not fair, not right it is law.
In student loans most of the laws are there to protect the lender not the student, for example (in US) student loans can not even be included in bankrutpcy.

But on the mortgage, well they don't really let you not pay, but they may refi to give you longer to pay, or allow you to skip a few payments

froggy7 · Oct 8, 2008, 09:42 PM

I'm curious... I got hit by a car the week before finals when I was in college, and the school offered to give me an extension. Which might have only meant that I wouldn't get dinged on the grade points if I wanted to retake everything the next year. I'm not sure because I wasn't hurt that badly and definitely did not want to repeat everything! But maybe they have the same sort of thing at your school?

And you have to look at this from the school's perspective as well. A lot of students have very sporadic attendance records. Whether students go to class or not is not really their problem. They take your money in return for providing you the opportunity to learn.

main4502 · Oct 9, 2008, 07:59 AM

As in another post of mine, student loans may be taken off your debt only in the case of depression. I did in the spring try to make up classes from the fall and they were going to apply those grades to the fall. That was a special arrangement between me and the instructors though. This is probably some of the reason for my relapse in the spring I had 18 credits and was trying to make up like 6 from the fall.

JudyKayTee · Oct 9, 2008, 02:26 PM

Originally Posted by Fr_Chuck

This is just contract law, the student has a contract with the school, they pay the school though personal money, personal loans and/or student loans.

Normally it does not matter why a student leaves school after the time period, they will owe the money.

I really don't understand why you beleive you don't owe the money ???

I also see this as contact law - there was a similar question some time ago. In that case the class was filled, the College took the position that the OP reserved a seat (whether or not he sat in it) and, therefore, he owed for the entire semester.

Again, the entire contract is spelled out within the margins of the paper - if this is not covered with specificity (including time within which the student has to drop out), I think the student owes - and nobody ever said life is fair.

rockinmommy · Oct 9, 2008, 03:10 PM

Originally Posted by JudyKayTee

I also see this as contact law - there was a similar question some time ago. In that case the class was filled, the College took the position that the OP reserved a seat (whether or not he sat in it) and, therefore, he owed for the entire semester.

Again, the entire contract is spelled out within the margins of the paper - if this is not covered with specificity (including time within which the student has to drop out), I think the student owes - and nobody ever said life is fair.

I think you are right. I was looking for some medical angle or something.

main4502 · Oct 9, 2008, 03:11 PM

The real question isn't what is fair or what is not fair, it's whether I will be able to take this case to court or not?

Does anyone know of cases similar to this, where to find cases like this, and how would I go about finding a lawyer to represent me?

JudyKayTee · Oct 9, 2008, 03:34 PM

Originally Posted by main4502

The real question isn't what is fair or what is not fair, it's whether i will be able to take this case to court or not?

Does anyone know of cases similar to this, where to find cases like this, and how would i go about finding a lawyer to represent me?

If you have already contacted a number of Attorneys in your City and they have all refused to represent you, I don't know where else you could go for assistance.

If you have time you could try to law library at your College. You will need to find cases in your State.

Did you post what State you are in? I'd be happy to do the research if you provide that info.

main4502 · Oct 9, 2008, 03:42 PM

I live in MN. I did try contacting lawyers in other cities however I wasn't sure what kind of law this was so it was difficult to ask the securtary if that particular firm handles these kinds of cases.

Fr_Chuck · Oct 9, 2008, 03:46 PM

You can always sue, even if you have no good case, that has never stopped anyone from sueing. But you have to base your case on exactly what the contract says. Not anything else, just the contract.

So if the contact has any loophole to allow you out for medical reasons, then you have a case, if it does not ( and I doubt it does) then you do not have a case.

JudyKayTee · Oct 9, 2008, 03:46 PM

Originally Posted by main4502

I live in MN. I did try contacting lawyers in other cities however i wasn't sure what kind of law this was so it was difficult to ask the securtary if that particular firm handles these kinds of cases.

I would say contract law, business law -

As FrChuck just said, you may find someone to represent you, you can sue just about anyone for just about anything, but the Contract will be interpreted and this is not a contingent matter. You will be responsible for legal fees and disbursements, win, lose or draw -

Just on the outside chance - was there some specific provision in the Contract about withdrawing due to (again, specifically), illness - ?

twinkiedooter · Oct 10, 2008, 05:05 AM

You signed a contract like Judy and Chuck stated above to sit in that seat at their facility. The fact you were not in that seat is the question here. I know that the college did not breach their end of the contract but you did. Regardless of why you were not in that seat is irrelevant whether it is due to depression, a physical injury, cancer, etc. you have no cause to get your money back from them. You did this for two semesters in a row. Your depression was obviously a preexisting condition prior to the first semester you missed. The college had the 20 day cut off. Basically a college is not a fast food joint where you place your order and then because you don't pick up your order after you paid for it you think you got gyped. The attorneys you saw basically didn't have a conflict, they just didn't want to take the case.

If you research contract law in Minnesota you will see that you breached the contract, not the college and suing them will only have you expend more time and money.