How do I prove I paid this?

February 19, 2009 5:22 PM

What is the statute of limitations for tuition debt in Illinois?

I recently received a threatening call from a debt collector regarding an amount due to a university from 10 years ago.During these 10 years, I have not heard anything about this debt, no phone calls, no letters, nothing. I am 99% positive that the amount in question was paid however since I didn't keep copies of my checks from 10 years ago (7 is suggested) and the bank with which I had an account only keeps records for 5 years, how can I prove I paid the debt? So barring the absence of proof, is the statute of limitations make this whole argument a moot point anyway? The chart here shows Illinois as having 10 years down to 5 years for statutes. If tuition is not considered a written contract, I am ok because I will use that argument to make them go away. If it's considered a written contract, I don't know what to do - I can't locate proof of payment.

posted by bodgy to Work & Money (8 answers total)

I recently received a threatening call from a debt collector regarding an amount due to a university from 10 years ago.

Hang up. Call the university in question. Ask them about it.
posted by Sys Rq at 5:38 PM on February 19, 2009

I don't know what to do - I can't locate proof of payment.

I've always heard that you can ask for proof that you do actually owe something. Check out this AskMe for info.
posted by niles at 5:43 PM on February 19, 2009

The burden of proof is on them to show that you owe the money, not the other way around. I believe there are rules governing how long they have to respond to a request for proof, which is a common way for professional debt consolidators/brokers to get stuff taken off your credit report.
posted by Civil_Disobedient at 5:47 PM on February 19, 2009

The Consumerist has a lot of articles on debt collection. That would probably be a good place to start.

Among other things, see:
- Sample Letter For Disputing A Debt Collection Notice
- Sample Letter For Telling A Debt Collector To Drop Dead
posted by Simon Barclay at 5:54 PM on February 19, 2009 [2 favorites]

There are scammers out there using old information to scare people into paying ancient debts that are past the statute of limitations. I don't know if this is the case here but y'all should know this.
posted by cda at 6:09 PM on February 19, 2009 [1 favorite]

I am in the same position you are in. The college from which I received my MA will not release my transcripts until I pay approximately $1,200. After some investigation with their finance department I learned that in 2005 one professor turned in my grades so late that the university claims they returned "half" of my loan money to Sallie Mae, thinking I hadn't completed the course. They are now requiring that I pay this amount to the university. I do not have the money, as I lost my job in this recession and need the transcripts so that a university will hire me. It's a terrible catch-22 to be in.

Anyway, enough about me. You may discover some equally appalling situation when you speak to the finance department of your university. Yes, they should provide proof of this lack of payment. Good luck!
posted by Piscean at 6:57 PM on February 19, 2009

Response by poster: I had checked with the university and they only can tell me what time period it's from and they show that I owe it. I have never received any kind of notification that I owed this, which strikes me as very odd.

I checked the Consumerist first - i have my letter all ready to go, using the statute of limitations defense and that I do not believe that I owe the money. I plan on sending it out registered mail.
posted by bodgy at 4:03 AM on February 20, 2009

Piscean: After some investigation with their finance department I learned that in 2005 one professor turned in my grades so late that the university claims they returned "half" of my loan money to Sallie Mae, thinking I hadn't completed the course. They are now requiring that I pay this amount to the university. I do not have the money, as I lost my job in this recession and need the transcripts so that a university will hire me. It's a terrible catch-22 to be in.

IANAL, but it seems to me that the school made a clerical error (not your fault), based on a professor's tardiness (not your fault), without bothering to consult you. I.e., they threw the money away (not your fault). If they--the school or Sallie Mae--still come after you (or if it fucks up your credit rating), consider having a chat with a lawyer.

I have never received any kind of notification that I owed this, which strikes me as very odd.

It strikes me that way as well. Obvious advice, hopefully not applicable here, but NEVER give any personal information (credit card #, SSN, etc.) over the phone.
posted by Sys Rq at 9:43 AM on February 20, 2009