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Isn't it illegal for a school to withhold my academic transcript AFTER THEY SUED ME FOR "UNPAID TUITION" AND CASE WAS DISMISSED?

Business 2 views 3 answers
1. Plaintiff (a private university in California) sued me for "unpaid tuition." 2. My Demurrer was sustained without leave to amend (on grounds including that action was barred by statute of limitations). 3. Plaintiff filed Request for Dismissal with Prejudice, which was granted. About 1 year later, my requests for copies of my official transcript are denied by university, insisting it will continue to do so "until [my] student account is paid." What legal grounds or theory, if any, supports their current position? I understand withholding transcripts is a common practice. However, given my unique facts #2 & #3 above, isn't this illegal? I.e., wouldn't any other generic creditor be barred from relying on original claim to assert secondary rights attached to or rooted in the original?

Attorney Answers

3
Randy Harvey ·
The demurer simply means they cannot compel you to pay them the money that you owed them based on the statute of limitations expiring. However, it does not compel them to produce your transcripts for which you have not paid. The trial just means they can't come after you any longer for the money that was owed. It doesn't mean you don't owe the money it just means they have lost their legal right to force you to pay them. I'm curious whether your attorney didn't already tell you this. You have no legal authority to compel them to give you something you haven't paid for. You can still voluntarily pay them the money owed, or negotiate a settlement amount in exchange for release of your transcripts. My advice would be to use some honey and put away the vinegar if you want your transcripts. You may want to consult another educational attorney or contract attorney to determine if they have a legal theory on which you can compel the college to give you your transcripts. Best of luck!
0 upvotes
John David LaurieLitigation LawyerTarzana, CA ·
I would suggest that you get a copy of your contract and any other documents about your tuition and the university's policys and have an attorney review them to see what can be done. A strongly worded letter from an attorney might work.
0 upvotes
Nicholas Spirtos ·
Since it is a private institution they are probably within their rights to refuse to provide you with anything since you refused to pay your tuition. The fact that they were unable to collect because of the passage of time does not mean you do not owe the money. The school may be legally able to withhold documents unless your account is current. It is possible that the school is not interested in a huge fight over this, so a letter from a lawyer might be enough to get them to release your transcripts. Use the find a lawyer link to find a lawyer in your area.
0 upvotes

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