- Federal law controls the behavior of credit bureaus.
- Federal student loans can be reported indefinitely.
- Private student loans follow conventional rules for delinquent debt.
Learn When Delinquent Student Loans Will Disappear From Your Credit Report
Current and delinquent student loans appear on borrowers' credit reports. How long a delinquent student loan will appear on a credit report depends on whether the loan is private or federal. Federal law controls how long a derogatory, the term used to describe a negative mark, can appear on a credit report. Let us start by reviewing the rules for credit reports.
Credit Report Rules
Federal law (US Code Title 15, §1681c) controls the behavior of credit reporting agencies. This law is known as the Fair Credit Reporting Act (FCRA). Under FCRA §605 (a) and (b), an account in collection will appear on a consumer’s credit report for 7½ years. The clock starts approximately 180 days after the date of first delinquency on the account. To learn when an account will be removed by the credit reporting agencies (TransUnion, Equifax, and Experian and others), add 7½ years to the date of first delinquency. Subsequent activity, such as resolving the debt, is irrelevant to this rule. The seven-year rule does not apply to all debts, however. Here are four exceptions:
- A tax lien can appear for seven years from the date of payment.
- A bankruptcy will appear for 10 years from the date of the final order.
- Federal student loans can be reported for as long as they are delinquent. (Private student loans follow the 7½-year rule.)
- A civil judgment can appear for seven years, or the length of a judgment’s statute of limitations in the consumer’s state, whichever is longer.
Learn the lifespan of a judgment in your state at the Bills.com Statute of Limitations Laws by State page.
The start of the seven-year begins at the date of first delinquency, or if no payments are made, when the first payment was due. Review your credit report carefully to make certain the dates of first delinquency are reported correctly. Unscrupulous collection agents reset the date of first delinquency to stretch out how long a derogatory account appears on consumer’s credit report. This is illegal under the FCRA.
Just because a debt does not appear on a credit report does not mean the statute of limitations for the debt has passed. The opposite is also true: The passing of a state statute of limitations on a debt does not mean the debt may not appear on a credit report. The federal FCRA and state statutes of limitations are separate and independent of each other.
Whether a debt appears on a credit report does not establish legal liability for the debt. The opposite is also true: You may have legal liability for a debt not reported to the credit reporting agencies. Credit reports are not legal records of every debt a person owes.
Private Student Loans & Credit Reports
Private student loans are treated no differently from other private debt. As mentioned above, the 7½-year rule applies to private student loan debt.
If you have a derogatory relating to a student loan, review your credit reports to verify accuracy of the date of last payment and date of default. Do this for reports generated by three reports credit reporting agencies. You can obtain a free copy of your credit report from each credit bureau once every 12 months by visiting AnnualCreditReport.com. You can also purchase a copy of your credit report from the credit reporting agencies if you would like to review your report more often.
A private student loan falling off a credit report will not cancel the debt or make it uncollectable. Also, the date a debt falls off a credit report has no relationship to a state's statute of limitations. See the Bills.com resource Private Student Loan Settlement to learn strategies for resolving private student loans.
Federal Student Loan Rehabilitation & Credit Reports
Delinquent federal student loans can be reported indefinitely, i.e., for as long as they are delinquent. For federal student loans, the Dept. of Education will continue its collection efforts until the loan is paid. If your student loan is federal, consider rehabilitating your loan, which should allow you to resume payments on the loan and have the default removed from your credit report. The Dept. of Education may also offer other options to help you repay your loan at a rate you can afford. Contact the Dept. of Education’s collections office to discuss the repayment options available to you.
If you fail to resolve your student loan obligations, the Dept. of Education may garnish your wages, levy your bank or credit union accounts, or place a lien on your property. If you cannot afford to make payments, or do not wish to do so, consult with an attorney in your state to discuss the risks associated with your unpaid student loan.
See the following Bills.com resources to learn more about resolving student loan debt and avoiding private student loan default:
- Student Loan Payment: Learn ideas for resolving federal and private student loans.
- Student Loan Disability: What qualifies for, and how to apply for a disability discharge.
- Federal Student Loan Tuition Waiver: How to contact the Dept. of Education to apply for student loan canceled.
- Public Service Loan Forgiveness: You can have for your federal loan forgiven if you work in public service.
-
Student Loans: Learn more about public and private student loans.
Dickinson, TX | April 01, 2012
April 02, 2012
The rule you referred to concerns state statutes of limitations for contracts, which have no relationship to the federal 7½-year rule.
Corpus Christi, TX | April 24, 2012
April 24, 2012
Paying the loans off, bringing them to a $0 balance, is a step that both insulates you from collection efforts and improves your score.
Troy, MI | March 16, 2012
March 16, 2012
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