Bar Admission C& F question

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reasonable_man_03

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Bar Admission C& F question

Postby reasonable_man_03 » Sat Oct 22, 2016 4:45 am

Hello All,

I have a couple of questions with respect to C&F.

I passed the NY Bar Feb, 2016. I am still collecting employment affidavits from various employers. By way of background, I am a UK law graduate, foreign student and currently living and working abroad.

Back in 2012, I had applied for a legal diploma course in the UK at a law school. I was granted admission but then had decided to drop it off completely. To cancel my admission, I had called the law school requested them they cancel my admission and had eventually waived the deposit fee (350 GBP). Apparently after cancelling the admission (in 2013), I received a letter from debt collection agency asking to pay GBP 3300 for cancelling the admission after so called "cooling off period". Basically I should have cancelled before a certain date (which I wasn't aware of at the time) and thus was asked to pay the first instalment of GBP 3300. Of course I challenged the fee since I had never attended a single class for the course. The debt collection agency said that I must pay them immediately or face a legal action. I kept on challenging the payment and eventually the debt collection agency said now the matter is referred to the litigation dept. The last email received from them was in June, 2014. No legal action was taken either.

In July 2015, another debt collection agency contacted me again for the same debt. And this time, I thought there is no point challenging them and ended up settling the whole debt. This was settled in Dec 2015. Having considered the above, I have two questions:

a) Should I disclose the above in my Bar admission application?
b) I know I made a mistake by not settling in 2014 (when I was first contacted), should I clearly explain it in my application form admitting my mistake and attaching the settlement form with it?

I am also thinking of contacting a C& F attorney regarding this.

I would really appreciate your response.

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encore1101

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Re: Bar Admission C& F question

Postby encore1101 » Sat Oct 22, 2016 9:24 am

Offhand, I'd say there's no need to disclose this, but it'd be helpful if you could quote the question that you're concerned about.

reasonable_man_03

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Re: Bar Admission C& F question

Postby reasonable_man_03 » Sat Oct 22, 2016 9:44 am

encore1101 wrote:Offhand, I'd say there's no need to disclose this, but it'd be helpful if you could quote the question that you're concerned about.



Thanks. May be I am overthinking it.

Do you owe any debt for $300 or more, which is past due for over 90 days?

My answer to the above question is 'no'. But I am thinking of explaining the debt issue that I had with the university. There was no judgment in the case. In fact it did not even go to the court.

Under the same question, I will also explain the late payments to bank for student loans after receiving late payment letters.

I am on top of payments since past a year. So no overdue debts.

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encore1101

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Re: Bar Admission C& F question

Postby encore1101 » Sat Oct 22, 2016 9:59 am

As long as you're current now on payments (or not more than 90 days late), there's no need to disclose under that question for either situation (with the caveat of I don't know if it comes up under any other question).

It won't hurt to disclose, but since you're current on payments, there's no need to disclose either.

reasonable_man_03

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Re: Bar Admission C& F question

Postby reasonable_man_03 » Sat Oct 22, 2016 1:24 pm

encore1101 wrote:As long as you're current now on payments (or not more than 90 days late), there's no need to disclose under that question for either situation (with the caveat of I don't know if it comes up under any other question).

It won't hurt to disclose, but since you're current on payments, there's no need to disclose either.


Thanks for this.

Could it potentially come under "Are there any unsatisfied judgments against you?"

My answer is listed 'no' here because I have never had any judgments against me.

OR under this " Are you in default in the performance or discharge of any duty or obligation imposed upon you by a judgment,
decree, order or directive of any court or governmental agency?"

Again, I am not currently in default of any duty or obligation. Apart from the debt issue mentioned above (no court judgment), I have never had any issue with finances.

I may be making a big deal out of this but I don't want to jeopardise my application by not mentioning something like this.

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encore1101

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Re: Bar Admission C& F question

Postby encore1101 » Sat Oct 22, 2016 2:42 pm

Short version: neither question is asking about your law school debt.


Long version: The first question is asking if there's been a judgment entered against you by a court that you have not paid yet, such as if someone successfully sued you but you haven't paid yet. Like you said, there was no legal action taking against you and you and the school/collection agency settled the matter without involving the court system. That question, therefore, does not apply.

The second question also does not apply because there has not been any "judgment, decree, order, or directive of any court or governmental agency," and you are not in default in the performance or discharge. An example would be if you were ordered to pay monthly child support, or enroll in drug rehabilitation, or ordered by a city agency to do something.

On a side note, are you sure this stuff is legit? It sounds like a scam. Did the school ever ask you to pay the first installment of the GBP 3300?

reasonable_man_03

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Re: Bar Admission C& F question

Postby reasonable_man_03 » Sun Nov 13, 2016 2:22 pm

encore1101 wrote:Short version: neither question is asking about your law school debt.


Long version: The first question is asking if there's been a judgment entered against you by a court that you have not paid yet, such as if someone successfully sued you but you haven't paid yet. Like you said, there was no legal action taking against you and you and the school/collection agency settled the matter without involving the court system. That question, therefore, does not apply.

The second question also does not apply because there has not been any "judgment, decree, order, or directive of any court or governmental agency," and you are not in default in the performance or discharge. An example would be if you were ordered to pay monthly child support, or enroll in drug rehabilitation, or ordered by a city agency to do something.

On a side note, are you sure this stuff is legit? It sounds like a scam. Did the school ever ask you to pay the first installment of the GBP 3300?


Hi,

Thanks for your reply.

Could it potentially come under:

"State whether you have ever failed to answer any ticket, summons or other legal process
served upon you at any time".

During the course of my correspondence with the debt collection agency, I did receive a 'final warning letter' asking me to pay GBP 3300 with a warning that if the amount/debt remains unpaid it would be referred to the court. I ignored that letter because I was very annoyed at the debt agency and university for bringing a claim against me. Eventually, when I was contacted again after a year by another debt collection agency, I paid the debt and settled the matter.

Do you think a final warning letter could constitute as 'other legal process' in the context of this question?

Thanks

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encore1101

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Re: Bar Admission C& F question

Postby encore1101 » Sun Nov 13, 2016 5:58 pm

reasonable_man_03 wrote:
encore1101 wrote:Short version: neither question is asking about your law school debt.


Long version: The first question is asking if there's been a judgment entered against you by a court that you have not paid yet, such as if someone successfully sued you but you haven't paid yet. Like you said, there was no legal action taking against you and you and the school/collection agency settled the matter without involving the court system. That question, therefore, does not apply.

The second question also does not apply because there has not been any "judgment, decree, order, or directive of any court or governmental agency," and you are not in default in the performance or discharge. An example would be if you were ordered to pay monthly child support, or enroll in drug rehabilitation, or ordered by a city agency to do something.

On a side note, are you sure this stuff is legit? It sounds like a scam. Did the school ever ask you to pay the first installment of the GBP 3300?


Hi,

Thanks for your reply.

Could it potentially come under:

"State whether you have ever failed to answer any ticket, summons or other legal process
served upon you at any time".

During the course of my correspondence with the debt collection agency, I did receive a 'final warning letter' asking me to pay GBP 3300 with a warning that if the amount/debt remains unpaid it would be referred to the court. I ignored that letter because I was very annoyed at the debt agency and university for bringing a claim against me. Eventually, when I was contacted again after a year by another debt collection agency, I paid the debt and settled the matter.

Do you think a final warning letter could constitute as 'other legal process' in the context of this question?

Thanks


Nah, legal process in this context means that you were served (constructively or actually) to answer the complaint against you. A threat of legal action, regardless of whether its characterized as "final" or otherwise, is not "legal process."



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