Can I sue my school for not returning my tuition refund on time to my lender?

I cancelled my enrollment 3 months ago and the enrollment agreement that I signed it stated there that refunds will be received within 45 business days following the cancellation date. It’s been 45 business days and I called my lender they said they didn’t receive any check. So I went to school and asked them if the check has already been cleared from their account, they said no. They told me that maybe it got lost in the mail and that if I want they can reissue another check and they will give it to me and I’ll just send it to my lender. What should I do? They still violated our contract.

Asked on June 13, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Have you suffered some concrete damage due to the failure to return the refund on time? For example, have you suffered late fees, incurred higher interest rates, been disqualified from a loan program, defaulted on a loan and had the whole amount come due, etc.? If you suffered some concrete and definite loss due to your school's failure to honor its obligations, you may be able to sue the school for compensation. But if you did not suffer any loss or damage, there is nothing to sue for, and you could not recover money--the law only provides compensation for actual losses or damages.


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