Can I sue a college for misreprentation of student loans?
I graduated from a for profit college, durring the application process they told me"whenever you can't pay the loans all you have to do is let the lender know, then you can begin repayment when you are able to repay." They also said "these loans are good for your credit rating." both of theses statements are untrue. I am now faced with paying back the outrageous amount of student loans and trying to maintain my credit or, putting food on my table. Please help!
Can you sue? yes. You can sue anybody for anything.
Do you have a cause of action? Well, fraud/misrepresentation is a cause of action, so maybe. I don't think the case would be dismissed for failure to state a claim, though.
Are you likely to win? I doubt it, though you never know. I think the issue here is that you took out the loans for education, and education is what you got. The misrepresentation isn't what induced you to further your education.
Is it going to be worthwhile to win? Probably not -- you would still have the outstanding loans, PLUS legal bills, some of which you could pay off with a judgment maybe but probably not all of it. (And it wouldn't be just for you win enough to pay off all the loans -- you got an education out of it, and the fraud played little to no impact on that).
There's all sorts of reasons to not attend for-profit colleges, and all sorts of reasons I think they should be sued into non-existence, but I am relatively confident saying that this isn't the vehicle to do it.
I can be reached at (913) 735-9320. These answers do not constitute legal advice, because legal advice is paid for.... more
I can be reached at (913) 735-9320. These answers do not constitute legal advice, because legal advice is paid for. These answers are, instead, practical suggestions for dealing with legal problems, and provided for informational purposes as a free public service. Any reliance thereupon is at your sole risk.
Since suggestions to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed.
The choice of a lawyer is an important decision and should not be based solely upon advertisements. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete.