The rights and remedies pertaining to a student loan are very different than those for other loans, if your loan is federally subsidized.
No Statute of Limitations
You can face collection action for the rest of your life if you default on the loan, as the debt has no statute of limitations, unlike other types of debt. You may have to come up with an alternate plan to deal with your student debt if you have been simply ignoring your student loan debt in the hope that it will eventually go away.
Bypassing the Court System
Whereas other types of debt require a lawsuit to be filed against you by your creditor, a student loan debt has no such requirement, meaning that your wages can be garnished or your tax refund taken to pay back the loan. However, a collection agency trying to collect payment on a federal student loan is first required to send you a letter notifying you of their intent, and it’s important to take action if you get one. You only have a short length of time to take action if you receive such a letter, and the worst thing you can do is simply to ignore the communication. If you receive a letter, you are entitled to ask for an administration, as well as documentation regarding your loan. You should consider talking to an attorney if you have received a letter, or the collection agency is already garnishing your wages.
There are solutions if you are struggling with too much student loan debt, which may not be available for other types of loans. You also have the right to participate in a rehabilitation program, or in a debt consolidation program, and you can then put an end to those awkward collection calls by paying back the loan in payments that are affordable and realistic and will help you avoid bankruptcy. Your credit score will also improve if you pay back the loan in a timely manner, making affordable payments.
There are also some scenarios in which your loan may be permanently discharged. These include your school or college closing, or your attending a school or college for which you were not qualified, and were inaccurately certified. The loan can also be discharged in the case of you being certified as disabled.
Please contact one of our experienced attorneys if you are overwhelmed with student debt, or have received one of the letters mentioned above. We will discuss your case with you, and there is no obligation.