Q: Request to pay tuition after 5 years for dropped class in NC.
I received a request to pay tuition to a community college in North Carolina, 5 years after I dropped the class. At the time, I did not realize that I owed 25% of the class costs. This is the first notice I have received about the balance since dropping the class. The college cannot explain why it took so long to contact me. Is it legal for them to request payment after such a long period?
A:
In North Carolina, as in many other states, there are statutes of limitations that set a time limit on how long a creditor, including a school, can wait to collect a debt. Generally, for contracts or agreements, the statute of limitations is three years. This means that the school may not be legally able to request payment after five years if the statute of limitations has passed, but there are exceptions depending on the specific circumstances.
The delay in notifying you about the balance could raise questions about the college’s practices, and it’s possible that the school violated its own internal policies or contractual terms regarding notification. It's also important to determine whether the college had made any prior attempts to contact you before the five-year mark.
You may want to reach out to the college's billing department for clarification on why it took so long to notify you and inquire about any records of previous communications. If the college is insisting on payment despite the long delay, you might want to consult a legal professional to assess whether the statute of limitations has expired or if there are any other legal defenses you could raise.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.