Canon City, CO asked in Civil Litigation for Colorado

Q: Questions about recourse for paying for a Financial Aid Refund I never received.

I recently found out that I have been repaying $13,942 worth of financial aid refunds that I never requested nor received. This was for the 2010/2011 school year. Since I was repaying other student loans, and was on an income based repayment plan, I did not realize that these were included. I spoke with the university. They contacted Sallie Mae (the lender at the time). I was told no uncashed refund checks were returned to them and since Sallie Mae went through a series of mergers they cannot recover any records from the 2010-2011 time frame. Therefore, I am stuck paying for a refund that I did not receive. I'm sure when all is said and done, I will have repaid around $25,000 for money I never received. (I was told this was during a time frame where you had to opt out of receiving excess funds, not opt in, which I certainly would have done.) The university says they are unable to pull up my opting out records due to the time that has passed. Do I have any recourse?

Related Topics:
1 Lawyer Answer

A: You should consider contacting an attorney to draft a demand letter for you. If that fails a lawsuit will force them to produce proof of the debt if they are unable you will not be required to pay the debt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.