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20+ year old alleged debt to university (NOT a student loan)

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Galaim
Contributor

20+ year old alleged debt to university (NOT a student loan)

Hi, I could use some help and advice.

Yesterday, my husband received in the mail a letter from UC Davis, where he attended for less than a year before he was diagnosed with cancer and then left classes and was treated at their medical center. This is relevant because I don't know whether this debt is alleged to be to the university for classes, to the medical center, or other. Either way, it's not a student loan.

 

The letter stated that he owed #4k and that they were advising him of their intent to file with CA Franchise Tax Board for garnishment of any state tax refunds or lottery winnings.

 

Here are the facts I know:

1. He attended UCD for a short time in approximately 1987

2. He got cancer at the time of attendance, left classes and was treated under charity care at UCD Medical Center.

3. He moved out of California in the 1990's and changed his name at the time of the move, as he also got married.

4. He got transcripts from UCD when he applied to, and attended, the rest of his undergradutate as well as graduate school studies in the 1990's.

5. He returned for yet another graduate degree in 2007 and also was able to order and receive a transcript. So, there was NO transcript hold for unpaid debt during the 1990's and 2000's, though he left the school in 1988-ish.

6. We married in 2008 after 5 years together, and we do not live in CA. He hasn't lived in CA in over 20 years.

7. We bought a house in 2011 and there was not a single item outstanding on his credit report other than the current, in-payment student loans from all the schools over the years. There was certainly nothing from UCDavis.

8. No Dunning notices have ever been sent.

 

Now he received a letter - to the name he was born with, which he has not used in well over 20 years and is no longer his legal name, demanding payment or be sent to Franchise Tax Board within a month.

 

I have prepared a validation letter, since neither of us have any idea whether this is for tuition, room and board, a mistake in his withdrawal when he was in the hospital for cancer, or what. It could technically even be from the UCD medical center, I suppose. It's impossible to tell from the letter. In the letter, I've stated that we are not refusing to pay, but that he doesn't know what this is for or when it was incurred as this is the first he's heard of it, and to please send an accounting of the charges, when they occurred and by whom they were incurred (proof of identity) as well as any documents he signed promising to pay.

 

If it's real debt that mysteriously disappeared for 20+ years, I'd like to understand how and why. If it's that someone perhaps continued to attend classes in his name while he was hospitalized, that's another animal. If we have to pay it, we have to pay it, but if it's not legit or is unenforceable, I'd like to know that as well. Also if the enforcement is "withholding of CA state tax refund" and we don't live in CA, is that the end of the line? Or do they then turn to federal?

 

And of course since this was over 20 years ago, we don't have ANY documentation of anything other than the fact that there was no transcript hold in place ten years ago, nor twenty years ago.

 

Anything I'm missing? Any thoughts?

 

 

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Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: 20+ year old alleged debt to university (NOT a student loan)


@Galaim wrote:

Hi, I could use some help and advice.

Yesterday, my husband received in the mail a letter from UC Davis, where he attended for less than a year before he was diagnosed with cancer and then left classes and was treated at their medical center. This is relevant because I don't know whether this debt is alleged to be to the university for classes, to the medical center, or other. Either way, it's not a student loan.

 

The letter stated that he owed #4k and that they were advising him of their intent to file with CA Franchise Tax Board for garnishment of any state tax refunds or lottery winnings.

 

Here are the facts I know:

1. He attended UCD for a short time in approximately 1987

2. He got cancer at the time of attendance, left classes and was treated under charity care at UCD Medical Center.

3. He moved out of California in the 1990's and changed his name at the time of the move, as he also got married.

4. He got transcripts from UCD when he applied to, and attended, the rest of his undergradutate as well as graduate school studies in the 1990's.

5. He returned for yet another graduate degree in 2007 and also was able to order and receive a transcript. So, there was NO transcript hold for unpaid debt during the 1990's and 2000's, though he left the school in 1988-ish.

6. We married in 2008 after 5 years together, and we do not live in CA. He hasn't lived in CA in over 20 years.

7. We bought a house in 2011 and there was not a single item outstanding on his credit report other than the current, in-payment student loans from all the schools over the years. There was certainly nothing from UCDavis.

8. No Dunning notices have ever been sent.

 

Now he received a letter - to the name he was born with, which he has not used in well over 20 years and is no longer his legal name, demanding payment or be sent to Franchise Tax Board within a month.

 

I have prepared a validation letter, since neither of us have any idea whether this is for tuition, room and board, a mistake in his withdrawal when he was in the hospital for cancer, or what. It could technically even be from the UCD medical center, I suppose. It's impossible to tell from the letter. In the letter, I've stated that we are not refusing to pay, but that he doesn't know what this is for or when it was incurred as this is the first he's heard of it, and to please send an accounting of the charges, when they occurred and by whom they were incurred (proof of identity) as well as any documents he signed promising to pay.

 

If it's real debt that mysteriously disappeared for 20+ years, I'd like to understand how and why. If it's that someone perhaps continued to attend classes in his name while he was hospitalized, that's another animal. If we have to pay it, we have to pay it, but if it's not legit or is unenforceable, I'd like to know that as well. Also if the enforcement is "withholding of CA state tax refund" and we don't live in CA, is that the end of the line? Or do they then turn to federal?

 

And of course since this was over 20 years ago, we don't have ANY documentation of anything other than the fact that there was no transcript hold in place ten years ago, nor twenty years ago.

 

Anything I'm missing? Any thoughts?

 

 


 Sounds highly suspicious. Sounds like a Junk Debt Buyer posing as UC Davis. I would call the school directly (not any numbers provided in the letter - look up their number) and find out if this is really from the school. AFAIK, they cannot simply 'garnish' your state taxes without a judgment in place (I could be wrong, for sure, state school and all) and if its a third party masquerading as UC Davis they have broke a ton of laws I would think. What state are you currently residing in?

Message 2 of 6
Galaim
Contributor

Re: 20+ year old alleged debt to university (NOT a student loan)


@Anonymous wrote:

 Sounds highly suspicious. Sounds like a Junk Debt Buyer posing as UC Davis. I would call the school directly (not any numbers provided in the letter - look up their number) and find out if this is really from the school. AFAIK, they cannot simply 'garnish' your state taxes without a judgment in place (I could be wrong, for sure, state school and all) and if its a third party masquerading as UC Davis they have broke a ton of laws I would think. What state are you currently residing in?


That was my first thought as well, though all the addresses & phone numbers match UCDavis' address, phone number, etc as posted on their website. The letter did NOT have a signature, so I wondered at that, as it doesn't seem right. I'll give them a call (if they'll talk to me - he's out of town) and see if they've had trouble with scams. The only concern I have is somehow resetting the clock on something that's 20 years old by making a phone call about it. I'm fine with paying it if we owe it, but the last thing I want to do is end up with it on a credit report when we're a few weeks from applying for a home reno loan. Currently residing in WA for 12 years (him) and prior to that, Alaska for 10 years. It's been a long time since California. He was 19 when he went to school there and is now 46.
Gardening since 12/01/13 with an escape on 4/22/14 for a good cause
Scores: 05/01/10: thin file/no score 08/11/11: 620 all (mortgage FICO) 04/25/14: 705 TU (Barclay) 695 EX (FNBO) 621 EQ (FAKO) In My Wallet:: Wells Rewards Visa $7k, Care Credit $5k, Wells Care Credit $3.6k, NFBO Overstock $4.5k, BarclayCard $2.5k, Capital One $300, Chase $1.8k, Lane Bryant $1.75k, QVC $1.7k, Best Buy $1k, Chase Amazon Visa $500, Target RED $500, Torrid (Comenity) $350, Macys $300, TOTAL $31k CL, 36% util

Message 3 of 6
Anonymous
Not applicable

Re: 20+ year old alleged debt to university (NOT a student loan)

Calling and talking about it will not reset anything. The only thing that can be 'reset' is the SOL and thats only if a partial payment is made or a payment agreement is defaulted on.

Message 4 of 6
kjel
Established Contributor

Re: 20+ year old alleged debt to university (NOT a student loan)


@Galaim wrote:
That was my first thought as well, though all the addresses & phone numbers match UCDavis' address, phone number, etc as posted on their website. The letter did NOT have a signature, so I wondered at that, as it doesn't seem right. I'll give them a call (if they'll talk to me - he's out of town) and see if they've had trouble with scams. The only concern I have is somehow resetting the clock on something that's 20 years old by making a phone call about it. I'm fine with paying it if we owe it, but the last thing I want to do is end up with it on a credit report when we're a few weeks from applying for a home reno loan. Currently residing in WA for 12 years (him) and prior to that, Alaska for 10 years. It's been a long time since California. He was 19 when he went to school there and is now 46.

Sounds slightly off but then again it could be legitimate. School debt even if it isn't a student loan doesn't always play by the same rules that other debt does. I had a $2000 balance for housing charges that were never billed until after I graduated that popped up two years later with a collection agency but it never appeared on my reports. I was able to get some detail from the university and it turned out that I did owe it. While I was under a payment arrangement, my state tax refund was offset and applied towards the outstanding balance. Because state schools are public institutions they don't necessarily have to obtain a judgment against you to levy your tax refund. They'd have a hard time getting that from your husband owing to the fact that you live in another state. The worst that could happen was that the debt reports but I'd definitely send out the DV letter to request more detail about this supposed debt.

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Message 5 of 6
SunriseEarth
Moderator Emeritus

Re: 20+ year old alleged debt to university (NOT a student loan)

DV sounds like a good approach.   If debt was incurred in 1987, then it's WAY past the SOL for CA.   SOL is 4 years in CA, so they can't take any court action.  They could notify the CA FTB all they want, but I don't see what that would accomplish.  Without being able to obtain a judgment, there's no way they could garnish under CA or WA law.  It seems like they're trying to scare you into paying a zombie debt.  

 

Please keep us updated on what they try next.  I'm curious to see if/how they respond to DV.  



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