You lose eligibility for additional federal student aid such as Federal Pell Grants and student loans. The default is reported to credit bureaus, damaging your credit rating and affecting your ability to buy a car or house or to get a credit card. It may take years to reestablish a good credit record.
No, you can't go to jail for not paying your student loans. So if that was a fear you had, take a deep breath—no one is coming to arrest you if you miss a payment. But like we mentioned, you can be sued over defaulted student loans. This would be a civil case—not a criminal one.
Ability to pay has no affect on a financial contract of any kind. Going to jail does not get you out of student loan payments, car payments, a mortgage, etc.
While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.
No, you can't be arrested or put in prison for not making payments on student loan debt. The police won't come after you if you miss a payment. While you can be sued over defaulted student loans, this would be a civil case — not a criminal one. As a result, you don't have to worry about doing any jail time if you lose.
Unpaid credit cards fall into the “civil debt” category and are not punishable by jail time. However, criminal offenses related to financial affairs, like tax evasion, could land you in jail. It's important to know that ignoring judgments against you could result in serious legal consequences, including jail time.
If you default on a federal student loan, then your wages or bank accounts can be garnished without a court order or judgment. The maximum that can be withheld for federal student loan garnishment is 15% of your disposable income.
It's possible to serve jail time if you've failed to pay your federal taxes or make child support payments. You can't go to jail merely for owing credit card, student loan, personal loan or other types of debt, which we'll explain below.
Approximately half of student loan debt holders say their debt has impacted their life choices. One third say it has impacted their ability to continue their education (33%) while 14% say it has impacted their decision to start a family.
Not paying student loans could lead to late fees, a damaged credit score and wage garnishment. You may qualify for a repayment or forgiveness plan to help bring your loans current and get rid of the debt sooner. Student loan debt is only dischargeable in bankruptcy if you can prove it is causing an undue hardship.
As a result, student loans can't take your house if you make your payments on time. However, if you miss enough student loan payments, your accounts will first move into delinquency status and then into default status. Once you default on student loans, you're at risk of having your house taken to pay them back.
Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and wondered, “why did my student loans disappear?” The answer is that you have defaulted student loans.
How Many People Are Currently in Default on Their Student Loans? By the end of 2021, roughly 3 million people were in student loan default — that's about 7% of all borrowers. Another 270,000 were 90-270 days delinquent on their student loans — meaning they missed a payment but hadn't defaulted yet.
Federal student loans may come off your credit report either seven and a half years after the default or seven years after the loan was transferred to the Department of Education. In both cases, the strikes on your credit report will disappear only if you start to make payments.
Your interest charges will be added to the amount you owe, causing your loan to grow over time. This can occur if you are in a deferment for an unsubsidized loan or if you have an income-based repayment (IBR) plan and your payments are not large enough to cover the monthly accruing interest.
You could be arrested
You won't go to jail for not repaying your student loans. But you may end up facing a lawsuit for unpaid debt. If you fail to show up for your court date, this can result in an arrest.
Failing to pay could result in your account going into default, the balance being sent to collections, your lender taking legal action against you and your credit score dropping significantly.
A debt collector can't threaten to or have you arrested for an unpaid debt. If you're sued and you don't comply with a court order, though, you could be arrested.
Your loan holder can order your employer to withhold up to 15% of your disposable pay to collect your defaulted debt without taking you to court. This withholding (“garnishment”) continues until your defaulted loan is paid in full or the default status is resolved.
What Accounts Can the IRS Not Touch? Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy.
Your loan can be discharged only under specific circumstances, such as school closure, a school's false certification of your eligibility to receive a loan, a school's failure to pay a required loan refund, or because of total and permanent disability, bankruptcy, identity theft, or death.
Can I call the police if someone owes me money? You can, but they won't do anything about it. Debt collection is a civil matter. You'd need to sue in small claims court.
You Can Be Sued for Credit Card Debt
You can't be sent to jail for unpaid credit card bills, but you can be sued. When you fall behind on a credit card bill, your creditor or the collection agency may decide to take legal action to get the money back. If this happens, you'll be served with legal papers.
In some states, you can choose jail instead of repaying debt
Some states, including California and Missouri, offer a third option for those who cannot afford to pay their criminal justice debts: choosing jail. By choosing to go to jail, it may be possible to avoid wage garnishment and reduce criminal justice debt.