Can a company send me to collections if I haven’t repaid my tuition reimbursement?
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Can a company send me to collections if I haven’t repaid my tuition reimbursement?
I left a company 3 years ago Nov 2016. I had received tuition reimbursement
for 2 years prior. The policy was that I had to repay 100 of anything
received 1 year from leaving and 50 of anything over 1 year but less than 2
years. The company contacted me through a lawyer about 6 months ago,
requesting repayment and informing me they would send me to collections if I
did not repay. I had moved, so I did not get the letter until over 2 months
after it was sent. Foolishly, I did respond and asked for a detailed
calculation of the amount they just requested the full 100 for the 2 years,
the signed repayment agreement, and a copy of the policy. I did not hear from
them for 5 months but they have stated I can contact them for a reduced sum or
if I do not respond they assume I am disputing and advice the company
accordingly.
1. Can they come after me 2 years after I have left for the money? Isn’t
there a statute of limitations? And shouldn’t they have informed me at the
time I left of the repayment, where to send the money, etc.
2. Can they send me to collections? Can the company sue me?
3. Will they do this over 4,000?
4. Should I just pay or should I seek a lawyer near me to dispute?
Asked on October 9, 2019 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) The statute of limitations for this, a cause of action based on a contract or agreement, is 6 years, so they are well within time to take legal action, including sending you to collections.
2) They can either sue you themselves or give the matter to a collections company or agency, which can then sue you if you do not pay.
3) Whether or not it would have been better to have informed you when you left about how much to repay, where to send, etc. is irrelevant at this point: it does not affect their legal rights.
4) We can't say whether or not they will sue, since every person and company is different: some will deem it worth their time and effort to pursue the money, some will not. All we can is that they have the right to go after the money.
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