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.
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.
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.
In an extreme case, yes. If you default on student loans, one of the consequences can be a lien on your assets, including a house. (The federal government has done this in the past.)
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.
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.
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.
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.
In the case of private student loans, or those not offered by the federal government, the creditor doesn't have any special wage-garnishing ability. The creditor must first sue you in court to obtain a judgment, and then they need to submit a court order to your employer with the details of the garnishment.
Roughly 42.7 million Americans have outstanding federal student loan debt — that's about 12.5% of the U.S. population, per census data.
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.
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.
Leftover student loan money might feel like a windfall, but it's really not. Remember—you borrowed that money and you'll have to pay it back with interest when your loan is due. Consider sending the leftover funds back to your federal or private student loan servicer as a loan payment.
The Benefits of Fresh Start for Eligible Loans
Restores eligibility to receive federal student aid including Federal Pell Grants and work-study. Protects borrowers from wage garnishments and costly collection fees. Restores eligibility for future loan rehabilitation for borrowers who rehabilitated during the pause.
Defaulting on a loan is not a crime. Lenders don't have legal jurisdiction to arrest you for an overdue balance. However, defaulting on a loan will have serious financial implications. It can result in the lender seizing your property as collateral, if applicable.
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.
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.
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.
Starting in September 2021 and continuing quarterly after that, eligible borrowers identified as totally and permanently disabled through data matching with the Social Security Administration (SSA) will automatically have their federal student loans discharged.
Remember, if you do repay the loan in full, your default will be removed from your credit report within seven years of the last payment date — but it won't fall off automatically if you do nothing. The credit reporting process for defaulting can vary depending on whether your student loan was federal or private.
If you have accurate positive or negative information on your credit reports, you typically can't get it removed. If you have inaccurate information about your student loans, you have the right to dispute it with the credit bureaus and potentially get it removed.
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 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.
When you fall behind on payments, there's no property for the lender to take. The bank has to sue you and get an order from a judge before taking any of your property. Student loans are unsecured loans. As a result, student loans can't take your house if you make your payments on time.