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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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DeVry University owes me roughly $17,000 in refund checks for

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DeVry University owes me roughly $17,000 in refund checks for over payment to them throughout my academic program with them. First off, I did not know about money they owed me until I graduated, most of these checks were supposed to be issued to me between 2007-2010, I graduated at the end of 2011 and noticed these accounting irregularities when I went in to speak with Student Finance to see if I owed them any money before I graduated, so I'm pretty sure they were never planning on telling me about this money to begin with since I was in the ultra uncommon lot of people who they owe money to instead of the opposite way around.
I filed to have the checks sent to me last year and they refuse to tell me ANYTHING or communicate with me in any way in regards XXXXX XXXXX the checks will be sent to me, if they are planning on sending them to me AT ALL or what steps I need to take next. I have missed out on investing these $17,000 for over a year now, actually over 5 years for some of the money, and it's forced me some serious hardship such as, dropping out of my Master's Program due to lack of money, having to take credit out for my company, having to put off my Student Loan Payment for another year making me accumulate a lot more debt, being denied credit/housing loans because of lack of assets vs debt.
What recourse am I able to take to get this money or to get compensated for all the hardship this has caused me? I am in the State of California.

Thank you for your question.

At this point, if DeVry is not cooperating with you on the refund, I think you may need to consider whether they dispute the fact that you are owed the refund.

When you discovered that you were owed a refund, did they acknowledge that there had been an overpayment? Did they send you anything in writing which stated you were owed a refund?
Customer: replied 3 years ago.
I was with my Financial Aid Officer at the San Diego Campus who had a spread sheet of my entire student payment history which is in their accounting system, it has a list of credits, debits and money to be refunded to the student for every student. In my case there were a number of semesters where it showed that I was owed large refunds, she seemed shocked that I had never received checks for these semesters. She printed out my entire "credit/debit/ to be refunded" history and we filed these forms for every payment that I was supposed to be refunded. When I tried to inquire back about the status of the payments she told me there's no way that she can check on it and refused to give me any information on who I can contact to check the status of my refunds.

It is definitely documented that they owe me this money. When I began attending DeVry I lived in an experimental student housing building that they were trying out and had no residence with parents etc. it was my permanent address. I remember pretty much every other student in these dorms always receiving refund checks to their parent's homes, but I never received any, I just figured there was something unique about my situation. When I looked at this accounting history of my account with the Student Finance Officer at the end of my time there it looks like they just didn't know where to send my checks, so they never sent me any. It's like they didn't send me my checks to my home address because they couldn't figure out that I live in their new dorms so they just didn't tell me about it.
Thank you for clearing that up.

What you need to do is send a certified letter to DeVry that tells them that if they do not pay within 30 days of the letter you will file a lawsuit.

The letter would say:

Dear DeVry,

I am writing to demand immediate payment to me of a refund owed on my student fees.

Specifically, I am owed __________ as a refund for overpayments I made to DeVry University. I have attached a copy of the documented account history which evidences that this amount is owed to me. Further, I have previously submitted a claim for this refund through the University's administrative offices. You have refused to acknolwedge the same.

Accordingly, please take this as notice that if I am not paid ___________ (amount owed) within 30 days of your receipt of this letter, I will have no other choice but to file litigation against the University to seek my damages.

You may make payment by sending a check to ______________________(your address). Please contact me to confirm your agreement in this matter.

(your signature).

Then, if they do not pay, you have to sue. That is the only way to force them to pay you back.

How much is the refund that they owe you?
Customer: replied 3 years ago.
I believe the total is $17,794 from my time with DeVry and then about $2,200 more from Keller, which is their graduate school, but which is the same entity. I can check the exact amount tonight when I get home.

This amount makes you ineligible to file the claim in small claims court. It will be necessary for you to file the claim in the Superior Court nearest the campus you attended.

Filing a lawsuit like this can be a complicated matter and it is likely best to hire an attorney to handle it for you.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
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