Private Student Loan Default
- 2 min read
- Private student loans can be discharged in bankruptcy under narrow circumstances.
- Private student loan creditors must use the court system to get a garnishment.
- Bills.com contains many student loan payment resources.
Learn What Steps A Lender Can Take if You Stop Paying a Private Student Loan.
Private student loans are the same as other unsecured debt, such as credit card debt or medical debt, in all ways but one. If you default on a private student loan (or other unsecured debt), the creditor has a cause of action against you for breach of contract. In other words, the lender has the right to sue a borrower who fails to make their private student loan payments as agreed.
If the lender prevails in court and wins a judgment, the lender, now called a judgment-creditor in legal-speak, can ask the court to have the borrower’s (now called the defendant or judgment-debtor) wages be garnished, a levy placed on the borrower’s financial accounts, or a lien attached to the borrower’s property.
Check the Dept. of Education’s National Student Loan Data System (NSLDS) to see if the loan is federal. State statutes of limitations do not apply to federal loans, and are subject to collection indefinitely. Student loans not backed by federal grants or guarantees do not appear in the NSLDS, and are therefore private. Private student loans are subject to state statutes of limitations.
The only thing that separates a private student loan from any other unsecured debt is that private student loans are currently not dischargeable in a bankruptcy filing, unless the debt creates an undue hardship on the petitioner. (See the Bills.com resource Student Loan Bankruptcy for more about this subject.)
For more information on collection actions for default on student loans, see the Bills.com resource Collections Advice to learn more about wage garnishment, account levy, and lien law. See the Bills.com resource State Statutes of Limitations for information about each state’s debt laws.
Need a student loan? See the Bills.com resource Student Loans resource page. Problem with a student loan? Learn more about Student Loan Consolidation.
See the following Bills.com resources to learn more about resolving student loan debt and avoiding private student loan default:
- Default on Federal Student Loan: What happens when a federal student loan goes into default status, how a borrower can avoid default, and the steps a borrower can take to remove him or herself from default status.
- 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 cancellation.
- 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.
If your Sallie Mae loan is private, it is likely (but not certain) a Massachusetts court would apply a 6-year statute of limitations. If your last payment to a collection agent or Sallie Mae itself was in 2010, then the statute of limitations expires in 2016.
Should you expect a lawsuit? Who knows. Creditors are unpredictable.
Are my loans now considered federal or private? Does the statute of limitation on debt apply here? I was a permanent resident at the time but have not been in the USA since 2001 and no longer have permanent residence (left because husband was abusive), does this help me at all? Also the forms I have here from the original loan have my status as OK resident, when I was an international student at the time (no residency yet). What are my rights? NCO is harassing me!
If your student loans are federal, see the Bills.com article Steps to Recover from a Federal Student Loan Default to learn what actions you need to take.
The US Dept. of Education hires collection agents, such as NCO, to contact delienquent borrowers in attempts to set up payment plans. The Dept. of Education does not sell the rights to federal loans, in the same manner that banks sell collection accounts for delinquent credit cards and vehicle loans.
It is unclear to me if you reside in the US. If you do, then you are subject to federal law and the state laws where you reside. If you are not a US resident, then you are not subject to US or state law, but instead the laws of the country where you reside.
If you are not a US resident, it is possible for NCO Financial to attempt to pursue you in your country of residence. Doing so, however, is expensive. If your loan balances are relatively small, it is unlikely NCO will attempt to file a breach of contract lawsuit in your present country of residence. I hasten to add if you receive a notice of a lawsuit, consult with a lawyer or solicitor immediately.
Let's say for the sake of argument you took out a loan where the payments were supposed to start on May 1, 2010, but you and Sallie Mae agree to a deferment until July 1, 2014. The statute of limitations clock starts July 1, 2014, and not back in 2010.
You mentioned you are taking a class with the intention of deferring your loan. Review your loan contract and the deferment contract to learn if you can extend the deferral period by taking a class.
Good Afternoon. I am currently in a lawsuit, as a Per Se; Defendant. I was issued an ALPLN private student loan in April 2006 with Chase Bank. I was served with a civil summons in September 2014. I sent in my "answer" however I did not bring up the statute of limitations, which now I realize I should have. I was under the assumption it was "discharged through chapter 13 bankruptcy insurance" as I read off my credit report. I went to Arbitration; and it was ruled in my favor. At that time I showed all my credit reports and everything I could think of to support it being cleared. I also did mention the statue of limitations at that time. (The prosecutor told me during the arbitration hearing that if it ruled In my favor that she would appeal- which she did). I am submitting my "Discovery Request" on Thursday. Trial is set for November 2015. I just want to make sure I am correct. I have read so much online, rented a book from the library, and spoke to a lawyer (who did not want to take my case; because he would just be taking my money- since I won Arbitration). I do not recall making any payments what so ever. However, on the account history that I was provided from the suing agency; they say my last payment was received 6-18-08. (I was not served until 9-18-14). AZ statute of limitations is 6 years. So the limitations ran out on 6-18-14. So from what I am reading; they missed me by 2 months. Do I have a leg to stand on with this?
I can't give you legal advice, as only a lawyer can properly do so, but I will share a few thoughts.
It is possible that the SOL was tolled during the time you filed Bankruptcy (when you filed and when it was discharged is not clear to me). Tolling stops the clock from running on the SOL. If that is the case, then your defense will be rejected.
Still, what do you have to use by trying?