Expert: Charles W. Field - 7/31/2004

Question
Hello Mr. Field,
I'm currently involved in a Class Action against a computer school. I took out a loan, that they got for me, through a bank. They have a refund policy where I can get a pro-rated refund if I don't complete 60% of the program. Because of major health problems, I could not. They reniged on the agreement not even returning phone calls. Now I'm making monthly payments on the loan ($13000). They did it to other students and I'm the lead litigant in the Class Action. We went against the bank and the school. The judge dismissed the suit against the bank and gave my attorney 30 days to refile against the school. If the judge dismisses it when refiled, can I file suit again with another attorney or am I out of luck? I've got many health problems and the monthly loan payment is very difficult. They have profited with $13000 unjustly and it's very unfair. I may have to just refuse to pay the loan if unable. It's very frustrating and your objective input is appreciated-thank you.

Answer
If the judge dismisses the case against the school, you cannot refile. Your only avenue would be a Motion for Reconsideration (which are rarely granted) followed by an appeal to a higher court. Since it sounds like you may be unhappy with your current attorney, you may want to consider consulting another one. Also, you might post your question at www.lawguru.com where it will be directed to attorneys in your state who have knowledge of this area of the law. Good luck.