If I have been turned to collections for books returned that were allegedly damaged, how can I resolve without paying for the books?
Question Details:
I withdrew from classes through in 10/08. Books were shipped and I returned them per direction of staff at the University. One year and one month later I received a letter stating that I owed money for the books because they were damaged. I attempted to resolve the issue with the school to no avail. I have now been turned to collections and am wondering what rights I may have. The school states the books were damaged and I am responsible. I asked for proof of the damaged books but I see now in a letter sent to me that they were destroyed.
You do have the right to dispute the collection account, under the federal credit reporting statute, so that the notation in your credit report should show that much, at least. However, you can't force the item completely off your credit report, and it can stay there for up to seven years.
In theory, there might be some basis for suit against the University, claiming that the credit report was false and that the books weren't damaged. However, as the plaintiff, you'd have to prove that, which from what you've written is now impossible.
Even if you could do that, though, I can't imagine that the inconvenience and expense could be worth what the school wants to charge you for the books. Sometimes the law, and real life, don't provide us with the most satisfying choices.
