Student loan delinquency and default
Default has serious financial consequences, including: Hurting your credit rating and your ability to buy a car or house or get a credit card. Having your tax refunds withheld and applied toward your defaulted loan. Having your wages garnished (withheld) to repay your loan.
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.
From a legal standpoint, your creditor could take action against you to recover the debt. This might take the form of wage garnishment, where a percentage of your earnings is automatically directed toward repaying the loan, or you may face a lawsuit.
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.
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.
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.
Defaulting on a student loan can lead to serious legal and financial consequences, which include the following: The entire unpaid balance of your loan and any interest you owe becomes immediately due (this is called "acceleration").
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.
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.
Roughly 42.7 million Americans have outstanding federal student loan debt — that's about 12.5% of the U.S. population, per census data.
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.
For most federal student loan types, after you graduate, leave school, or drop below half-time enrollment, you have a six-month grace period (sometimes nine months for Perkins Loans) before you must begin making payments. This grace period gives you time to get financially settled and to select your repayment plan.
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.
For most federal student loans, your loan will go into default if you haven't made a payment in more than 270 days. If you default on a federal student loan, you lose eligibility to receive additional federal student aid and may experience serious legal consequences. Was this page helpful?
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.
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.
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.
If you have student loan debt that the creditor claims you did not pay, you may be facing issues with debt collectors or even a lawsuit.
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).
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.
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.
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.
Lawsuits to Recover Defaulted Federal Student Loans
The federal government can also sue defaulted borrowers to seize assets such as bank, brokerage and retirement accounts, place liens on real estate and increase the wage garnishment amount beyond the 15% administrative wage garnishment limit.