Is it illegal to not pay student loans?

Asked by: Creola Metz  |  Last update: June 7, 2025
Score: 4.2/5 (62 votes)

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.

What happens if you never pay on 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.

Has anyone gone to jail for not paying student loans?

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.

Do student loans go away after 7 years?

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.

What happens if you don't pay off student loans in 25 years?

Any borrower with ED-held loans that have accumulated time in repayment of at least 20 or 25 years will see automatic forgiveness, even if the loans are not currently on an IDR plan. Borrowers with FFELP loans held by commercial lenders or Perkins loans not held by ED can benefit if they consolidate into Direct Loans.

What Happens If You Don't Pay Student Loans | Robert Farrington

16 related questions found

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.

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.

Are student loans forgiven at age 70?

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.

Why did my student loans disappear?

Student loans disappear from credit reports 7.5 years from the date they are paid in full, charged-off, or entered default. However, education debt can reappear if you dig out of default with consolidation or loan rehabilitation. Student loans can have an outsized impact on your credit score.

Can student loans be bankrupted?

You may have your federal student loan discharged in bankruptcy only if you file a separate action, known as an "adversary proceeding," requesting the bankruptcy court find that repayment would impose undue hardship on you and your dependents.

How many people don't pay off their student loans?

Roughly 42.7 million Americans have outstanding federal student loan debt — that's about 12.5% of the U.S. population, per census data.

Are student loans criminal?

Though you can be sued in court in an effort to collect defaulted student loans, it will not be a criminal case.

Do student loans ever expire?

Federal student loans do not have a statute of limitations, so lenders and collections agencies have no time limit when it comes to forcing you to pay (aka suing you).

How long do you go to jail for not paying student loans?

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.

How do people avoid paying student loans?

In addition to income-driven repayment plan forgiveness, here are a few federal programs for which you may qualify:
  1. Public Service Loan Forgiveness. ...
  2. Teacher Loan Forgiveness. ...
  3. Total and Permanent Disability Discharge. ...
  4. Closed School Discharge. ...
  5. Borrower Defense to Repayment.

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.

Do retired people have to pay student loans?

The Survey of Consumer Finances found that older workers aged 55-64 expect to take an average of nearly 11 years (10.96) to repay their loans, while workers 65 and up will need 3.5 years to pay off their student debt, on average. Source: SCEPA calculations using data from the Survey of Consumer Finances, 2022.

What happens after 25 years of student loans?

Income-Driven Repayment (IDR) Forgiveness

If you repay your loans under an IDR plan, any remaining balance on your student loans will be forgiven after you make a certain number of payments over 20 or 25 years—or as few as 10 years under our newest IDR plan, the Saving on a Valuable Education (SAVE) Plan.

What bank account can the IRS not touch?

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.

Does going to jail cancel student loans?

If you will be incarcerated for 10 years or more, you can ask the government to write off your defaulted federal student loans.

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.

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.

Do student loans ever get written off?

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.

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.