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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27370
Experience:  Began practicing law in 1992
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Hello, My name isXXXXX I have been trying

Customer Question

Hello,
My name isXXXXX I have been trying to settle a dispute regarding a debt from The University of Phoenix. In Short, I enrolled in the university under a promotion with an agreement of no out of pockett expenses in around May 2003. I officially withdrew in October 2003 following rejection of my term paper because it was not accepted after the due date albeit it was out of my control as to why I could not transmit it. (electical storm)
The university continued to keep me on register and took the money that was granted under the promotion and now I am being asked to pay $6000.00 when I only owe $1800.00.(money they claimed was in escrow of the promotion) I was making payments for the 1800.00 then started to receive bills of debt in the thousands! I used a para-legal from my union to no avail and the Attourney General's office was involved in 2008 and sent me a letter saying I have a zero balance towards the university and that I have to take it up with them. I tried to sue them in small claims court but was told I could not because the letter had a PO box on it.
Now, I received a letter that was sent to the main office for city workers,(not my address), that they plan to garnish my salary by September 4, 2013 unless I make an agreement. A bank is listed that I know nothing about and there is no official address on this either. I asked for a hearing by phone as directed in the letter if I cannot go to Texas, and I left my telephone number and sent it to them certified. Please let me know if they can do this and how I can get lawyer to represent me. Please.....help me.
Thank you(NNN) NNN-NNNN
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Were you sued? Who is asking you to appear in Texas?

JD 1992 :

Also, is this a debt directly to Phoenix or a guaranteed student loan?

Customer:

I think USA Funds is trying to sue me. I states law codes such as 109-171; 20 U.S.C. 1025a et seq. and it says they can take up to 15%. The alleged current owed amount is $5,493.88 good through 8/6/13. The appeal form has an option to ask for a hearing in Dallas Tx. in person, or a written statemend and records in my loan file or a hearing via telephone. I asked for a hearing via telephone and mailed it certified to XXXXX PO Box 32500, Columbus Ohio, 43232-05000.

JD 1992 :

That is a guaranteed student loan, not one owed directly to Phoenix. Do you remember applying for student loans?

Customer:

The debtor listed is Chase JPMorgan Chase Bank N and I do not have any knowledge of this dbt. It just keeps getting worse. I have moved four times since this first started and I am re married and they do not have my current address. Could this be why they sent this notice to the main office for city workers? Also, someone calls my phone every day and when I try to explain what happened they just do not listen and will not give me an address. I do not know what to do. Now I just do not answer and sent the form back to them that they sent to the main office for city workers.

Customer:

I meant to say: "It states"

JD 1992 :

USA Funds is likely the guarantor and Chase the lending institution.

JD 1992 :

Is the letter from a court or from the student loan company?

JD 1992 :

I can't remember if USA Funds is the guarantor or the "servicer" but they only handle student loans.

Customer:

When I enrolled, the university of pheonix said that they had a promotion going on and I had to fill out all of these forms on line. (FAFSA). They said there would be no out of pockett expense but I still had to fill out the forms so that they can get paid. They told me that providing that my grades are kept up thepromotion applies. I took two classes and obtained A's. When I took the third class, I was doing ok and I had to had in a term paper that was due on a certain day. That day, NY City had a sever thunder storm and some people were killed because of electricution due to fallen lines in water and so forth. All was urged to stay off of all computers and telephones until the storm passed. When I tried to submit it the next day, the professor refused it and gave me an "F" for the term. I appealed it with the dean and was denied because they said I needed the meteorologist report. Immediately, I officially withdrew from the university on their form letter in October 2003 after only six months of enrollment. The mailed me a check in the amount of $1800.00 and I did not know that I had the check for four months. I realized it in Feb 2004. I called the university and said that i withdrew and will not need this for books. They said that that money was in escrow and that I had no balance.(they lied). I called student assistance and they said the same thing so i cashed it and used it to pay other bills. After that I received a booklet to pay back a debt and questioned that but was told that if I cashed the 1800.00 it has to be paid back. So i began paying it accepting that I was taken. Then I started to receive paper work from different agencies like student assistance listing thousands of dollars and it just kept going up. So my husband directed me to stop paying and go before a judge and I have not received an opportunity to do so all of this time. Even the attorney general could not help. They just said they investigated and the university says that I owe no debt.

JD 1992 :

Is the letter you are referencing from a court or from the student loan company? I need the answer to this specific question before I can assist.

Customer:

It is not from a court. It just says USDFunds and it has a customer id # XXXXX a PO Box and toll free number on the bottom.

Customer:

USAFunds

JD 1992 :

In that case you can hire a lawyer from where you are located to handle the hearing, it isn't necessary to have one in Texas. It is what is known as an Administrative Hearing, not an actual lawsuit.

JD 1992 :

In this case your lawyer would argue that you didn't sign a contract for a student loan.

Customer:

Being that I sent an appeal, can they still garnish my pay?

JD 1992 :

Yes, they can but they usually don't, or at least they didn't last year.

JD 1992 :

You will still have to repay the money, no question about that, plus some interest but if your lawyer can convince them that you didn't knowingly sign for a student loan then you can likely get the fees and extra charges waived.

JD 1992 :

It is those fees and extra charges that add to so much money.

Customer:

Can you refer me because one already said he is not interested.

JD 1992 :

We aren't allowed to give specific referrals but you can find one at www.lawyers.com. They are going to want you to pay for their time so be sure and explain that to them and that it will be a telephone hearing with USA Funds and NOT a court hearing.

JD 1992 :

If you told the one lawyer that it was a hearing in Texas that is likely why they said they are not interested.

Customer:

No I did'nt

JD 1992 :

They may have just assumed that.

Customer:

ok. Thank you. XXXXX done?

JD 1992 :

Unless you have more questions. I'd be glad to answer anything else you have.

Customer:

Well, I sent the appeal with just my number on it. If I find a lawyer, they will probably have to know that number as well right?

JD 1992 :

Yes, you would want to give them a copy of everything you have. If you can get a copy of whatever came to your employer that would help as well.

Customer:

Yes, I have what was sent to my employer last week. I have the other papers that I never threw away but I have to look for them.

JD 1992 :

The more you can provide the better it will be.

Customer:

How can I print what I just sent to your office?

JD 1992 :

The less work the lawyer has to do to get the papers the cheaper it should be for you.

Customer:

Thank you

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27370
Experience: Began practicing law in 1992
Dwayne B. and 21 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
Dwayne B.
13286 Satisfied Customers
Began practicing law in 1992