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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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filing a contract lawsuit against university of XXXXX XXXXX.

Resolved Question:

filing a contract lawsuit against university of XXXXX XXXXX. my son got suspended the second day of the semester and they wont give me my money back for that semester. I cant find anyting on thier website that says a suspended student loses their money
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Thank you for your question.

For what reason was your son suspended?
Customer: replied 1 year ago.

admitted to smoking weed. he wasnt caught with it but admitted to it when coming back to his room after a fire drill

Expert:  Zachary replied 1 year ago.
Hi,

Suspensions for breaching a code of conduct at a university often can result in a loss of the tuition paid. However, I am unable to find anything where they disclose this as well.

In addition to filing a breach of contract lawsuit, you should also look into filing an appeal

http://adminfinance.umw.edu/studentaccounts/appeals/

and

http://judicial.umwblogs.org/information/judicial-policies-and-procedures/

If your son was not given a fair hearing or if there was no due process involved in deciding to suspend him, then this may be appealed internally.

It seems to me that even if it is a policy of the university, it does not make it an unconscionable term which can be disputed in a breach of contract lawsuit. Your son would technically be the one who needs to file the lawsuit, because he was the one enrolled (assuming he is 18 years old).

Please let me know if you have further questions.
Customer: replied 1 year ago.

we went through the appeal process with the school. No luck. after being told sorry he is being suspended I asked about getting my money back. Thats when i was told it is their policy not to give back the funds. should I (or son) file sui with attorney general in that count? Ho do I go about doing that. Just a letter from my son laying out all the details?

Expert:  Zachary replied 1 year ago.
How much was the tuition you are seeking to have refunded?
Customer: replied 1 year ago.


about $8,000 was total amount paid for the semester. I would nt expect to get back room amount but i would expect to get tuition and board.

Expert:  Zachary replied 1 year ago.
Unfortunately, the small claims court limit in Virginia is $5,000.00. If you are intending on representing yourself, this would be the best place to file the lawsuit, but you can only claim $5,000.00.

Otherwise, you will need to file the lawsuit in a the general district court, which follows the Rules of Procedure and the Rules of Evidence. There are pleading rules which make it much more difficult then simply writing a letter to the court. You must file an official claim in the format required by the rules. The format looks like the document at:

http://ww2.roanoke.com//sports/tech_complaint.pdf

Otherwise, you will need to hire an attorney to conduct the case for you.

If you want to proceed via small claims court and only claim $8,000.00, then let me know and I will provide you with relevant information.

-ZDN
Customer: replied 1 year ago.

I'll go small claims court and go for $5,000. How do I do that?

Expert:  Zachary replied 1 year ago.
You will have to file the small claims case in Fredricksburg. In Fredricksburg, the district court also sits as the small claims court. The court is located and may be contacted at: http://www.courts.state.va.us/courts/gd/fredericksburg/home.html


Here is a guide to filing small claims that explains in detail the steps you will need to take:

http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

The form you will file is located here:

http://www.courts.state.va.us/forms/district/dc402.pdf

In the form, you will ask for $5,000.00 and claim breach of contract.

Please let me know if there are any other questions you have. Please also consider rating my answer positively so that I am compensated for my work on your question by the website.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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