ANY Lawyers out there,, Help!! - YorkieTalk.com Forums

julietimothy · 06-24-2009, 02:27 PM

I can not belive my luck this year. It started in Nov. of last year when my husband call to tell me that his job was closing down. I was heart broken did not know what to do. I am a stay home mom and breed for the fun of it. (not much money in breeding trust me) We did not know at that time when the last day would be, the mill was trying to work things out and it was a 30% that they could open back up. So he was leid off at this time. We start looking around at the things we could cut back on. The 1st thing I thought of and hated to do it was my little girls school. She was in 1st grade at a private school. Christmas break was coming up so I knew if I was going to take her out that would be the best time. I was just think of how to save money for my family. She did great at her new school but messed her friends. Now they have been out of school for a month now for the summer and a police shows up on my door with a letter that I was being sued for the other 1/2 of the school year that she was not there. Jan-May over $1700.00 I could not belive this, they said I signed in for the hole year and they only way out of it is if we would have moved away. They never called us to tell us they would take us to court, if I would have known all this and that I was still going to have to pay it, I would have left her in the school until the in of the year. Is there any way out of this. I am sick about all this, I can not belive they are doing this, and they call their self a family school. I just need to get this all out. My thinking was that my house and food would come over a private school!!

jmdt · 06-24-2009, 02:33 PM

I'm not a lawyer but did you sign a contract with the school. If you did then read it and see if it says that you are responsible for the whole year tuition. If it says it in there and you signed it then I think you are out of gas. Good luck

Bizzymammabee · 06-24-2009, 02:41 PM

Definitely look at the contract. I think that you probably had to have given them notice of removing her. I personally find it silly that they are making such a big deal about the tuition when your child was removed because you couldn't afford the tuition due to a life changing event.

Give the school a call and speak to them. They will probably dismiss it if you inform them of the reason for removing her.

bchgirl · 06-24-2009, 02:44 PM

Quote:

Originally Posted by jmdt

I'm not a lawyer but did you sign a contract with the school. If you did then read it and see if it says that you are responsible for the whole year tuition. If it says it in there and you signed it then I think you are out of gas. Good luck

Agree. Unless the school agrees to waive the fee you are responsible. Unfortunately since they have already elected to take the matter to court...I think their decision is pretty plain. You could contact them and see if they will accept payments vs going to court and receiving a judgement against you.

lily · 06-24-2009, 02:45 PM

sorry about your luck! sound like mine!If it could happen it happen to us! Breeding sorry no money there! I know that for 12 yrs.!I think you well have to pay it. Just go to court and tell the judge what's going on and that you have make payments on it. Just hang in there!

Bizzymammabee · 06-24-2009, 02:49 PM

When you went to transfer her to the other school did they not ask you what your reasons were for removing her?

Odds are what you received was a notice to file. So you probably still have some wiggle room to call the atty of record that is representing the school and speak about settling or maybe seeing if they have a heart.

I think what you the lawyers initially file is a motion to proceed against you for the collection. Then if you don't respond in 30 days they go ahead and file the full court paperwork. What does the paperwork you have say on top?

Did they ever send you any requests for payment that you might have ignored?

bildio · 06-24-2009, 03:05 PM

It it normal for the police to get involved delivering a notice of this type? Seems like the school should have called, sent letters, & maybe engaged the services of a collection agency.

julietimothy · 06-24-2009, 04:40 PM

yes it is court papers but the date has not been set. I did tell the school why, we are a small town so when that mill was going down it hit alot of people. people that was make great money $100,000 a year was now going to have to try to find jobs around $40,000 a year and lower. They knew what was going on. We try to call the board members to talk to them and they would not return our call. We know now that one we was trying to get up with was going though things at home, ( he got caught running around on his wife, so he was not think of us) If we would have known all that then we would have pushed harder to talk to more of the board members. We did talk to one and he told us that he did not see them doing anything and they should understand. After all that and after she started her new school and I got no letters, bills, or phone calls, I thought is was all good and that was the end of it. What makes me mad is why wait until June with school being over to send this, if they would have sent this in Jan when school started back up I could have talked to a lawyer and if she/ he said I was going to have to pay it, I would have just put Bre back in the school. I would have wanted what I was paying for. We are going to get up with the ones over the board and try to talk to them. The thing is this school is the type that wants you to help them, with donations and contribute to the school, but when it comes time for them understanding they are not going to help.

This is the kicker, My husband is a election and was over getting the boys baseball and girl baseball feild lights put on the two fields. This was a very big job (for free) He was the one that put in months of work to that school. Let me put it this way, a school close by put in lights on their fields and it cost them over $30,000. 1/2 was wire and lights ect. the other half is what they got paid. So my husband donated about $10,000 of work and time to that school and now they are sueing me for $1700.00 That is crazy, and it makes me very mad.

bchgirl · 06-24-2009, 04:42 PM

Quote:

Originally Posted by bildio

It it normal for the police to get involved delivering a notice of this type? Seems like the school should have called, sent letters, & maybe engaged the services of a collection agency.

Yes, it's routine for a sheriff's deputy to deliver subpoenas.

julietimothy · 06-24-2009, 04:47 PM

I do understand that the sheriff's office is who delivers subpoenas, but I think they should have call or did something in Jan not wait and do this now that the school is over. I can't even get what I a paying for now.

FlDebra · 06-24-2009, 04:55 PM

Quote:

Originally Posted by julietimothy

yes it is court papers but the date has not been set. I did tell the school why, we are a small town so when that mill was going down it hit alot of people. people that was make great money $100,000 a year was now going to have to try to find jobs around $40,000 a year and lower. They knew what was going on. We try to call the board members to talk to them and they would not return our call. We know now that one we was trying to get up with was going though things at home, ( he got caught running around on his wife, so he was not think of us) If we would have known all that then we would have pushed harder to talk to more of the board members. We did talk to one and he told us that he did not see them doing anything and they should understand. After all that and after she started her new school and I got no letters, bills, or phone calls, I thought is was all good and that was the end of it. What makes me mad is why wait until June with school being over to send this, if they would have sent this in Jan when school started back up I could have talked to a lawyer and if she/ he said I was going to have to pay it, I would have just put Bre back in the school. I would have wanted what I was paying for. We are going to get up with the ones over the board and try to talk to them. The thing is this school is the type that wants you to help them, with donations and contribute to the school, but when it comes time for them understanding they are not going to help.

This is the kicker, My husband is a election and was over getting the boys baseball and girl baseball feild lights put on the two fields. This was a very big job (for free) He was the one that put in months of work to that school. Let me put it this way, a school close by put in lights on their fields and it cost them over $30,000. 1/2 was wire and lights ect. the other half is what they got paid. So my husband donated about $10,000 of work and time to that school and now they are sueing me for $1700.00 That is crazy, and it makes me very mad.

Try putting together a very carefully worded letter. Try to remember exact dates that you tried to contact the one board member who did not return calls. Write down the date and content of the conversation with the board member who said he did not think they would do anything and they would understand. List all of the work your husband did as an electrician and what that would have cost the school. Then respectfully request they waive the remaining tuition due to circumstances and work done at the school. If you word this all very professionally, they might release you from the contract. If not, you may have to go to court.

If you do go to court, basically give the court the same information I mentioned to put in the letter. Another avenue would be an independent arbitrator. They act as an unbiased third party and hear both sides then give their opinion of what is fair. You usually have to sign a contract before hand that you will abide by the arbitrator's decision.

Good luck! Sorry to hear you are being hit hard by this economy! So many lives are being turned upside down!

julietimothy · 06-24-2009, 05:12 PM

Quote:

Originally Posted by FlDebra

Try putting together a very carefully worded letter. Try to remember exact dates that you tried to contact the one board member who did not return calls. Write down the date and content of the conversation with the board member who said he did not think they would do anything and they would understand. List all of the work your husband did as an electrician and what that would have cost the school. Then respectfully request they waive the remaining tuition due to circumstances and work done at the school. If you word this all very professionally, they might release you from the contract. If not, you may have to go to court.

If you do go to court, basically give the court the same information I mentioned to put in the letter. Another avenue would be an independent arbitrator. They act as an unbiased third party and hear both sides then give their opinion of what is fair. You usually have to sign a contract before hand that you will abide by the arbitrator's decision.

Good luck! Sorry to hear you are being hit hard by this economy! So many lives are being turned upside down!

thank you I think that is more less what we will do, after talking to one that is over the board. My husband had called the one that was over all the tuition part of the school, he understood and would have love to help but he was the one caught with the other lady and has steped down off of the board now. So he told my husband who to call that was over it now and that person just called back. My husband is on the phone right now with him. I will let you know how it goes. Thanks for the input, keep it coming.

BamaFan121s · 06-29-2009, 06:28 AM

Quote:

Originally Posted by bchgirl

Agree. Unless the school agrees to waive the fee you are responsible. Unfortunately since they have already elected to take the matter to court...I think their decision is pretty plain. You could contact them and see if they will accept payments vs going to court and receiving a judgement against you.

I have to agree. If it was in the agreement you signed, then there will likely be little you can do as you agreed to the terms set by the contract with the school. Still a really horrible situation, but probably not much you can do to get out of it. They have obviously made their decision to hold you to the agreement.

julietimothy · 06-29-2009, 09:31 AM

My husband has talked to the head of the board, which is new and did not even know this was happening. I am not sure how the Chairperson could not be told that this was going on. He is going to talk to the other board members there is only one that did this none of the others knew this was going on. I still can see if you have a board that are to vote on things before doing them. We think we know why he is pushing to do this. His wife worked at the same mill my husband did and she was let go when she got caught in a storage room with another man at work. When it all came out she had sleept with ALOT of the men out their. I think this boardmember has a thing against the men at that mill. And no my husband was not one of the ones with her, but I know many that was. When we 1st took Bre out at Christmas time he called me, at 1st being nice (I thought) and saying he did not want to lose us and I try to tell him I did not know anything else to do, at that I he told me that me and him could get together and work something out. And yes that is what it sounds like, and that is what he meant. I think he was looking at a way to get back at his wife, and my husband if he thinks he was one of the men that she was sleeping with. Any I got mad and told him I was not that way and he better never call my house again or I would tell my husband. That is when he got mad and told me I signed a contact, I told him I would talk to the other boardmembers and see what they said, the 2 we did talk to did not see the school doing anything because it has in the hand book that you are let out of your contact if you move or circumstances out of you controll. I think lossing a job is out of our controll. But that is when that told us to get up with the other boardmember that we tryed to and he never called us back. After not hearing anything for 5 months I thought everything was fine. So now we set and wait until the chairperson over the board gets up with this boardmember that has a problem with me because I would not sleep with him and with my husband because he thinks he was one of the men that may have sleept with his wife. Is a funny thing very high class school and everyone is sleeping with everyone. (or trying) If that want to go to court I will just have to take it to court, and let the judge see if lossing your job is sircumstances out of your controll. + the all the sleeping around part and blackmale part will come out in court. If the judge says I have to pay that is fine, but I want let someone blackmale me into sleeping with them. Anyway that was the part I was trying to leave out but I could see my everyones post that your could not see the whole story with out it. It is a lot to take in. But they can drop it or it will go to court, because I want just pay it, that want happen. Not when others has been let out of their contracts over the same thing.

06-24-2009, 02:27 PM	#1
julietimothy YT Addict Join Date: Jan 2009 Location: Frisco City AL Posts: 325 Blog Entries: 1	ANY Lawyers out there,, Help!! I can not belive my luck this year. It started in Nov. of last year when my husband call to tell me that his job was closing down. I was heart broken did not know what to do. I am a stay home mom and breed for the fun of it. (not much money in breeding trust me) We did not know at that time when the last day would be, the mill was trying to work things out and it was a 30% that they could open back up. So he was leid off at this time. We start looking around at the things we could cut back on. The 1st thing I thought of and hated to do it was my little girls school. She was in 1st grade at a private school. Christmas break was coming up so I knew if I was going to take her out that would be the best time. I was just think of how to save money for my family. She did great at her new school but messed her friends. Now they have been out of school for a month now for the summer and a police shows up on my door with a letter that I was being sued for the other 1/2 of the school year that she was not there. Jan-May over $1700.00 I could not belive this, they said I signed in for the hole year and they only way out of it is if we would have moved away. They never called us to tell us they would take us to court, if I would have known all this and that I was still going to have to pay it, I would have left her in the school until the in of the year. Is there any way out of this. I am sick about all this, I can not belive they are doing this, and they call their self a family school. I just need to get this all out. My thinking was that my house and food would come over a private school!!

06-24-2009, 02:33 PM	#2
jmdt YT 3000 Club Member Join Date: Oct 2008 Location: Long Island, NY USA Posts: 3,498	I'm not a lawyer but did you sign a contract with the school. If you did then read it and see if it says that you are responsible for the whole year tuition. If it says it in there and you signed it then I think you are out of gas. Good luck __________________ Coco, Pebbles, Trixie, and Wally LOVE MY BABIES!!

06-24-2009, 02:41 PM	#3
Bizzymammabee Luvs Lulu Donating Member Join Date: Feb 2006 Location: Queens, NY Posts: 6,931 Blog Entries: 1	Definitely look at the contract. I think that you probably had to have given them notice of removing her. I personally find it silly that they are making such a big deal about the tuition when your child was removed because you couldn't afford the tuition due to a life changing event. Give the school a call and speak to them. They will probably dismiss it if you inform them of the reason for removing her. __________________ Lulu will always be in my heart

06-24-2009, 02:49 PM	#6
Bizzymammabee Luvs Lulu Donating Member Join Date: Feb 2006 Location: Queens, NY Posts: 6,931 Blog Entries: 1	When you went to transfer her to the other school did they not ask you what your reasons were for removing her? Odds are what you received was a notice to file. So you probably still have some wiggle room to call the atty of record that is representing the school and speak about settling or maybe seeing if they have a heart. I think what you the lawyers initially file is a motion to proceed against you for the collection. Then if you don't respond in 30 days they go ahead and file the full court paperwork. What does the paperwork you have say on top? Did they ever send you any requests for payment that you might have ignored? __________________ Lulu will always be in my heart

06-24-2009, 03:05 PM	#7
bildio Donating Senior Yorkie Talker Join Date: Oct 2008 Location: Havre de Grace, MD Posts: 1,536	It it normal for the police to get involved delivering a notice of this type? Seems like the school should have called, sent letters, & maybe engaged the services of a collection agency. __________________ *Niko (3 yrs) Gus (5 yrs)* *Squirt (17 yrs - RIP)*

06-24-2009, 02:45 PM	#5
lily YT Addict Join Date: Jul 2004 Location: paris crossing,indiana Posts: 377	sorry about your luck! sound like mine!If it could happen it happen to us! Breeding sorry no money there! I know that for 12 yrs.!I think you well have to pay it. Just go to court and tell the judge what's going on and that you have make payments on it. Just hang in there!

06-24-2009, 04:40 PM	#8
julietimothy YT Addict Join Date: Jan 2009 Location: Frisco City AL Posts: 325 Blog Entries: 1	yes it is court papers but the date has not been set. I did tell the school why, we are a small town so when that mill was going down it hit alot of people. people that was make great money $100,000 a year was now going to have to try to find jobs around $40,000 a year and lower. They knew what was going on. We try to call the board members to talk to them and they would not return our call. We know now that one we was trying to get up with was going though things at home, ( he got caught running around on his wife, so he was not think of us) If we would have known all that then we would have pushed harder to talk to more of the board members. We did talk to one and he told us that he did not see them doing anything and they should understand. After all that and after she started her new school and I got no letters, bills, or phone calls, I thought is was all good and that was the end of it. What makes me mad is why wait until June with school being over to send this, if they would have sent this in Jan when school started back up I could have talked to a lawyer and if she/ he said I was going to have to pay it, I would have just put Bre back in the school. I would have wanted what I was paying for. We are going to get up with the ones over the board and try to talk to them. The thing is this school is the type that wants you to help them, with donations and contribute to the school, but when it comes time for them understanding they are not going to help. This is the kicker, My husband is a election and was over getting the boys baseball and girl baseball feild lights put on the two fields. This was a very big job (for free) He was the one that put in months of work to that school. Let me put it this way, a school close by put in lights on their fields and it cost them over $30,000. 1/2 was wire and lights ect. the other half is what they got paid. So my husband donated about $10,000 of work and time to that school and now they are sueing me for $1700.00 That is crazy, and it makes me very mad.

06-24-2009, 04:47 PM	#10
julietimothy YT Addict Join Date: Jan 2009 Location: Frisco City AL Posts: 325 Blog Entries: 1	I do understand that the sheriff's office is who delivers subpoenas, but I think they should have call or did something in Jan not wait and do this now that the school is over. I can't even get what I a paying for now.

06-29-2009, 09:31 AM	#14
julietimothy YT Addict Join Date: Jan 2009 Location: Frisco City AL Posts: 325 Blog Entries: 1	My husband has talked to the head of the board, which is new and did not even know this was happening. I am not sure how the Chairperson could not be told that this was going on. He is going to talk to the other board members there is only one that did this none of the others knew this was going on. I still can see if you have a board that are to vote on things before doing them. We think we know why he is pushing to do this. His wife worked at the same mill my husband did and she was let go when she got caught in a storage room with another man at work. When it all came out she had sleept with ALOT of the men out their. I think this boardmember has a thing against the men at that mill. And no my husband was not one of the ones with her, but I know many that was. When we 1st took Bre out at Christmas time he called me, at 1st being nice (I thought) and saying he did not want to lose us and I try to tell him I did not know anything else to do, at that I he told me that me and him could get together and work something out. And yes that is what it sounds like, and that is what he meant. I think he was looking at a way to get back at his wife, and my husband if he thinks he was one of the men that she was sleeping with. Any I got mad and told him I was not that way and he better never call my house again or I would tell my husband. That is when he got mad and told me I signed a contact, I told him I would talk to the other boardmembers and see what they said, the 2 we did talk to did not see the school doing anything because it has in the hand book that you are let out of your contact if you move or circumstances out of you controll. I think lossing a job is out of our controll. But that is when that told us to get up with the other boardmember that we tryed to and he never called us back. After not hearing anything for 5 months I thought everything was fine. So now we set and wait until the chairperson over the board gets up with this boardmember that has a problem with me because I would not sleep with him and with my husband because he thinks he was one of the men that may have sleept with his wife. Is a funny thing very high class school and everyone is sleeping with everyone. (or trying) If that want to go to court I will just have to take it to court, and let the judge see if lossing your job is sircumstances out of your controll. + the all the sleeping around part and blackmale part will come out in court. If the judge says I have to pay that is fine, but I want let someone blackmale me into sleeping with them. Anyway that was the part I was trying to leave out but I could see my everyones post that your could not see the whole story with out it. It is a lot to take in. But they can drop it or it will go to court, because I want just pay it, that want happen. Not when others has been let out of their contracts over the same thing.