Is it a felony to not pay student loans?

Asked by: Rhiannon Schmitt  |  Last update: May 11, 2025
Score: 4.5/5 (57 votes)

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.

Is not paying student loans a crime?

Defaulting on student loans is common, especially when borrowers face financial challenges. While missing payments can lead to serious consequences, such as damaged credit or a court summons, you cannot be arrested or jailed simply for not paying your student loans.

What happens if you just don't pay your student loans?

If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.

Do unpaid student loans ever go away?

Student loans will remain on your credit reports and in your life until their paid in full or you qualify for Public Service Loan Forgiveness, income-based repayment forgiveness, or some other discharge or cancellation opportunity that wipes your remaining loan balance.

What happens if you go to jail with student loans?

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.

What happens if I just stop paying my student loan?

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Can student loans seize your bank account?

Federal loans can also affect your bank account directly. Unlike private loans, the government doesn't need to sue you in court before garnishing your bank funds. However, only a portion of your income or savings can be seized, and certain benefits like Social Security are protected.

Can student loan debt ruin your life?

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.

At what age do student loans get written off?

At what age do student loans get written off? There is no specific age when students get their loans written off in the United States, but federal undergraduate loans are forgiven after 20 years, and federal graduate school loans are forgiven after 25 years.

Can student loans take my house?

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.

What happens if I haven't paid my student loan in 20 years?

Yes, federal student loans may be forgiven after 20 years under certain circumstances. But only certain types of loans are eligible for forgiveness, and you must be enrolled in a qualifying repayment plan. You'll also need to stay out of default on your loans.

What if I don't have money to pay student loans?

If you're in a short-term financial bind, you may qualify for a deferment or a forbearance. With either of these options, you can temporarily suspend your payments. But keep in mind that forbearance and deferment have pros and cons. Student loan payments have restarted, and regular interest rates have resumed.

What is a major consequence of failing to pay back a loan on time?

A borrower who is past due will usually face some penalties and can be subject to late fees. Failure to repay a loan on time usually has negative implications for a borrower's credit status and may cause loan terms to be permanently adjusted.

What is the average student loan debt?

The average federal student loan debt is $37,853 per borrower. Outstanding private student loan debt totals $128.8 billion. The average student borrows over $30,000 to pursue a bachelor's degree.

What happens if you never pay off 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. You may not be able to purchase or sell assets such as real estate. Your loan holder can take you to court.

Is it illegal to not pay back your student loans?

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.

Can you be extradited for student loans?

Of course not. Extradition is for criminals. A judgment on a debt is in civil court.

Do student loans fall off after 7 years?

Federal student loans can remain on your credit report indefinitely until they're paid off —- there is no statute of limitations. Defaulted student loans from private lenders may fall off your credit report after seven years.

What happens if I don't pay private student loans?

Defaulting on private student loans triggers immediate and significant financial consequences, such as lawsuits, wage garnishment, and asset seizure. Consider asking your lender for options to help you avoid defaulting on your debt. Some private lenders may offer repayment assistance programs.

Can student loans put a lien on my house?

The Department can collect from assets such as bank accounts and valuable property, and can place a lien on the borrower's real property. As a result of such a lien, the borrower may not sell the property until the lien is removed.

What is the 7 year rule for student loans?

Typically, a defaulted debt, including student loan debt, will be taken off your credit report 7 years from the date of the first missed payment.

Can social security be garnished for student loan debt?

Only federal student loans can result in garnishment, or offset, of Social Security benefits. However, most federal student loans do not require a co-signer.

Can my student loans be forgiven if I am retired?

Are student loans forgiven when you retire? No, the federal government doesn't forgive student loans at age 50, 65, or when borrowers retire and start drawing Social Security benefits. So, for example, you'll still owe Parent PLUS Loans, FFEL Loans, and Direct Loans after you retire.

What percentage of people regret student loans?

College students are regretting taking out student loans before they even leave school, a new report from WalletHub revealed on Tuesday. Roughly 61 percent of college students said they regretted how much they borrowed with student loans, according to the report.

Is student loan debt unforgivable?

In certain situations, you can have your federal student loans forgiven, canceled, or discharged. That means you won't have to pay back some or all of your loan(s). The terms “forgiveness,” “cancellation,” and “discharge” mean essentially the same thing.

Do student loans destroy credit?

The most important thing you can do to maintain healthy credit is make sure you're paying your bills on time — student loans are no exception. Even one missed payment can lower your credit score, and late payments can stay on your credit report for up to seven years.