Is College Tuition Exempt From SOL?

Discussion in 'Credit Talk' started by hoppy1214, Apr 4, 2011.

  1. hoppy1214

    hoppy1214 Member

    I have been researching for weeks and can't find a definitive answer on this question. Here are the facts:

    1. Amount owed is for tuition/activity fees NOT a loan of any type.
    2. Account is listed as opened in 04/2006 and sent to collections 03/2007.
    3. I live in Utah-- SOL for oral contracts is 4 years.
    4. The school I attended was a public University in Utah.
    5. I contacted the University on this matter and they referred me back to the Collections Agency that is listed on my credit report.
    6. I would truly like to pay this debt and transfer my credits.

    My questions:

    1. Does SOL apply to Tuition/Activity fees from a public University?
    2. Should I be sending a Validation letter or Past SOL letter to the CA?
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I don't see why the SOL wouldn't apply to unpaid tuition/fees from a public university. If it was unpaid, sent to collections and ended up on your credit reports, then it's still a debt and subject to the same rules as any other debt. Also, why do you think it was considered an oral contract?

    Lastly, I would want to send a DV letter to the CA to protect my rights under the FDCPA and make sure they have the right to collect this debt. I doesn't sound like the SOL has run yet, so I wouldn't be sending a "Past SOL" letter.
  3. hoppy1214

    hoppy1214 Member

    Thanks for the response.

    My reason for concluding it is an oral contract is simply because I have found posts online saying that college tuition falls under an oral contract. I don't know whether or not this is true.

    Also, I have found some posts saying that tuition for a private university falls under the realm of a normal debt but that tuition for a public university does not. Again, this is based purely on google results and I have no conclusive evidence one way or the other.

    I want to go back to school and would like to transfer my credits. Thus, I want to pay the debt in full-- I hoping for a "paid for delete" but just don't want to screw up anything in the process. So should I still be sending a DV letter to the CA?

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