Defaulted Federal Student Loan Collections
The U.S. Department of Education is a powerful debt collection entity – and it extends that power to the collection agencies it hires to recover unpaid federal student loans. The government doesn't have to sue you to garnish your wages, seize your bank accounts and place a lien on your home and/or automobile. Even so, the U.S. Department of Education typically sues before taking any of these actions.
While all creditors can use force to collect, provided they file the collection lawsuit within your state's statute of limitations, most creditors face limitations when doing so. Commercial creditors, such as credit card companies and banks, can neither garnish nor levy federal benefits you receive. The same is not true of government debts. Default on a federal student loan and a private collection agency wielding the power of the U.S. Department of Education can and will garnish and seize just about any income you possess. There is no "judgment-proof" when it comes to defaulted federal loans.
Student Loan Collection Fees
Most collection agencies try to get away with tacking fees onto collection accounts in order to pad profits. Collection agencies know that they are likely to have to settle the debt simply to receive payment. Because the government faces so few collection restrictions, settling a defaulted federal student loan is rarely possible. Unfortunately, this doesn't stop government collection agencies from adding fees to your debt – and student loan collection fees will shock you.
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| Student loan collection fees are hard to swallow |
If you're the parent of a student and took out a Perkins loan to help your child pay for his or her education, you're in an even worse situation if you default. Collection fees for Perkins loans equal 30% of the total balance. If you sign up for loan rehabilitation but default on the debt a second time, your collection fees climb to 40% of the total balance – almost half the loan amount!
Collection Law for Delinquent DIRECT, Stafford and Perkins Loans
Although collection agencies working for the federal government enjoy a wider range of debt recovery options, that does not mean they have the right to break the law. Like any debt collector, student loan collection agencies must follow the FDCPA or you have the right to file a lawsuit against the company. You can also file a formal complaint with the U.S. Department of Education if any government collection agency uses illegal tactics when trying to procure payment from you.
Defaulted Federal Loans and the Statute of Limitations
If you've ever had a debt held by a collection agency in the past, then you know the wisest course of action is often to simply dig in your heels, cross your fingers and wait out the statute of limitations on the debt. Once the statute of limitations passes, you are safe from a debt collection lawsuit.
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| Don't expect a bankruptcy discharge. |
Because of this, its crucial that you do everything within your power to avoid defaulting on your loan. Ask for deferment or forbearance, give up cable, sell your car...whatever you need to do, do it. If you don't, it will simply take you that much longer to pay off the debt – and probably cost you a fair measure of grief in the process. Student loan collection agencies are more ruthless than most when it comes to collection fees because they are well aware of the power they hold – don't let yourself become a victim.
The National Consumer Law Center's Student Loan Borrower Assistance Program contains additional information about defaulted federal and private student loans, loan rehabilitation, the collections process and how to get help.
Related Posts
Student Loan Collection
USURY
ReplyDeleteUsury....Tyranny....
ReplyDeleteThe government gives money to pay for food, housing,children,engery , and much more, but will not give the students that have jobs that are trying to repay loans that went into default for a good reason, like my son, it took five years to find out what he had but we did and they will not even help out because he was sick. He is working to pay this loan unlike the other who do not work. This is wrong.
ReplyDeleteDirect Loan Consolidation may help your son get the payment options that he needs
DeleteWow...I found this page because I was searching to see if I should agree to this 18.5% collection cost. I guess that's nothing compared to what it could be!
ReplyDeleteIf you don't want to pay back your student loans, then maybe you should give back your diploma if you received one.
ReplyDeleteI don't think that is the point you idiot. People can get backed into a corner, financially because of not fault of their own, and these "agencies" take advantage of that.
DeleteTo Feb 4th post...give back the diploma if you received one. How about an 80 year old who is having their social security check offset for a 40 year old loan. Or how about someone collecting disability and having that check offset to pay back on a loan...even though one branch of the government says they are unable to work and the dept of education says too bad. Really? Does any of that make any sense. You need to learn more about SL debt.
DeleteIts amazing that people bash collection agencies but fail to realize that if not for these agencies, students could NEVER afford to go to college. They put millions of dollars back in the educational system each year. The fees that are added on when a borrower defaults, are a matter of federal law and are explained when the student takes out the loan and signes the promisory note.
DeleteMy wife is Canadian, and went to school in Michigan. In her third year a loans officer at her school told her she was in danger of being kicked out of school because she was short on her payments, he drove her to the bank and got her to sign the papers for a Perkens loan. The following semester she could not return to school and never finished her degre. She fryer to make the payments but on as a whater at a truck stop she couldn't afford $1400 a month. Now she has debt colectors sending letters to her parents for over 9 years that she hasent lived there. I assume they can't come a cross the border, but can they arest her if she gose state side?
ReplyDeleteno they can not arrest her
DeleteThey can't arrest her and they can't touch her. Oh, and the debt collectors are violating federal law by continuously contacting her parents. They can't even ruin her credit since Canadian credit reports and American credit reports don't share information--even within the same company. Get her to send them a full cease and desist letter and then forget about it. This is a lost cause for the collection agency and they know it.
DeleteOMG I would so love to have the opportunity to GIVE back my diplomat. To the anonymous person that posted that... please lobby for it! I have too much debt, a part-time job that doesn't pay enough. And I TRY to pay but I also have to eat, you know... that's kind of important.
ReplyDeleteThey can have mine back.. I graduated Truck Driving School in 1989, I was the youngest in my class. I got out to learn that I could not go over the road for 4 more years due to insurance regulations. I have never held a job driving a truick as I had to learn a new career.
DeleteThey can have mine back as well!!!!! I went for computer engineering, put myself thru college as a single mom with two babies in diapers -- took me 7 years because of it, and took out loans just to live while working and attending college.
DeleteI got a VERY low paying job (where i live is NOT a technical place to work at all) and decided to go with the "pay only interest for the 1st so many years" but when my payments increased, my salary did not. After 10 years of payments, i lost my job and got behind on the HUGE payments, and now have had $10k added on in collection fees!!!
when i graduated, my loan was $47k, now it's over $55k!!! and the worst part is, everyone i work with got microsoft certifications and don't even have a college degree.
The comments posted here are real examples of the mess that is out there. We deal with this on a regular basis. Feel free to check out our law firm web site if you are being harassed by creditors. www.rossandrosslaw.com
ReplyDeleteWe'd love to give the diplomas back. Unfortunately it's not possible. Since for many, keeping up with payments is impossible as well. And filling for bankruptcy isn't an option either. Many students are out of options and can't help but default on some or all of their loans, even if they ARE WORKING. Of course if we knew repayment was going to be this impossible, we never would have taken the loans out to begin with.
ReplyDeleteParents, if you don't have money to send your child to school, make sure they go to a public school and hope that they can keep all their debt federal. At least Federal programs have repayment options. Sallie Mae can rot in hell.
Department of Education - Garnishment (Beware folks)?
ReplyDeleteI want people to read this and be aware of the lying scumbags.
I had defaulted student loans. A total of $11,000 but with interest in was close to $14,000. The Department of Education sent the default to collections - Pioneer Credit Recovery, Inc. (founded 1980, owned by Sallie Mae). For more information, write to Pioneer Credit Recovery, Inc., PO Box 99, Arcade, NY 14009 or call 1-888-287-0571. I tried to reason with the collection agency. The offered me to pay 10% within 20 days and then 900 a month. I could not afford it at the time of the offer. I then tried to offer what I could but they would not accept my offer. They then did a garnishment of wages for more than 14,000. My pacheck showed a wage attachment of a little over $400 a paycheck (ouch right) & this started in Feb. 2011. Well here is the kicker folks, they never stopped collecting the debt. I paid them over 19,000 - 5,100.68 more than what was owed to them. I found out today that they never sent in an "Order to Release". When I called the collection agency they realized the "overpayment" but told me the Department of Education went through a system conversion over the last year and that it was failing to send out seize letters so basically they keep taking money from your paycheck even if you garnishment is settled. Today I had to hunt down the appropriate address (since my company does not accept fax numbers) and provide this address to the collection agency so they could send the documents imemdiately to seize the garnishment. It's too late for this paycheck unfortunately they will get another $400.00 and maybe even next check if they do not send in the paperwork by November 1st. I've been struggling and to know they have been stealing my money paycheck after paycheck for more than half a year makes me physically sick to my stomach! They can blame their system conversion all they want but this is absolutely not okay. Don't they have checks n balances? Here is what she said trying to weasel out of looking bad, "Your company doesn't have a fax number so we didn't know where to send the seize documentation to so we just left it." Are you phucking kidding me? They knew they were continuing to steal my money but first blamed it on the Dept of Education (cause they use same program) system conversion then they blamed it on my company for not accepting fax releases. I'm not steaming pissed off right now. I had serious issues back in May with my gallbladder and have been struggling to pay my healthcare bills because of the garnishment. I'm not in collections because I couldn't pay. Had I had that 800.00 I could have made payments on my health care bills (even with insurance the surgery cost me 5k out of pocket). Can I sue them? These doesn't seem at all legal to me? Please people if you are being garnished by the IRS or any government agency like Dept. of Education via a collection agency, please make sure you check your paychecks and calculate what is being taken out against the wage garnishment itself - Please people make sure you know they do not stop collecting money even after all your debt has been paid. I know they are phucking liars because in 2008 the IRS garnished me for back taxes and the same exact thing happened. They never send in the order to stop collecting until you call them and make it known to them that they need to do so. They are phucking lying thieves!!!!! BE AWARE THEY WILL NOT STOP COLLECTING YOUR MONEY EVER UNTIL YOU CALL THEM AND TELL THEM TO SEND IN THE ORDER. THEY WILL PLAY DUMB AND GIVE YOU A MILLION EXCUSES!
The student loan industry is a scam. While they claim that their purpose is to make higher education affordable, the result is just the opposite.
ReplyDeleteSallie Mae is a publicly held private company. They are not a government agency. They contract to the Department of Education to manage student loans. United Student Aid Funds, (USA Funds) is owned by Sallie Mae as well are many of the collection agencies employed by USA Funds to collect defaulted student loans.
Sallie Mae was given outrageous authority by Congress through subterfuge and deciept. The virtual removal of bankruptcy protections and the out right removal of the statute of limitations were two of those benefits. There are only three crimes which do not have a statute of limitations; murder, rape and treason. Student loans must fall under the second crime.
The law provides for a penalty for defaulting of up 25 percent. The student loan industry calls it a collection fee. Clearly, a misnomer. The calculations used by the student loan industry result in an amount that slightly exceeds 25 per cent. It may not seem like much to an individual student borrower, but taken across the millions in defaulted loans it amounts to a large profit for USA Funds.
USA Funds is a non-profit organization. This in no way preempts them from earning a profit. It is a designation by the IRS that the organization performs some socially beneficial or charitable activities. It also allows USA Funds to exempt all or part of their real profits from taxation.
The student loan industry is a conspiracy. If two or more entities engage in an activity that harms others it is a conspiracy. It matters not that taken on the face that the activities are legal. If harm is done it is a conspiracy. The Department of Education, Sallie Mae, USA Funds and the lenders are all a part of this conspiracy. They apply their Congressionally given powers in a ruthless and heartless manner. They have no regard for the individual. Their only concern is profits.
The laws governing student loans are convoluted and interwined in such a manner that even the emplyees of the student loan industry understan them. They were not written by our elected 'flawmakers'. They were written by lawyers employed by the flawmakers to write nice, flowery statutes. They make an attempt to cover every possible event that might occur in the process of making and collecing a student loan. This is absurd. It also is the source of a great deal of confusion by everyone that has contact with a student loan. This leads to misapplication of the law, misuse of the law and ilegally added charges by the student loan industry.
Many have claimed that if a student borrower does not pay their loan that the burden falls to the tax payers. The tax payers are already burdened with fees and subsidies paid by the government to the student loan industry. The tax payers are no worse for a defaulted student loan than if no student loan ever defaulted.
The student loan industy will give a loan to any one who applies for it. They do no background or credit checks. They are extremely high risk loans. The student loan industry blindly believes that any one with a degree will get a high paying job and will pay back the loan. Fifty per cent of graduates are unemployed or under employed. They are still expected to make high payments on a student loan, while still maintaining a roof over their head and food on the table. This is the same sort of debacle that led to the housing market crash. That market is not recovering. Foreclosures continue at record rates. The only thing that the real estate industry sees is increasing prices for homes. That is not recovery.
The three main issues with student loans are:
The lack of bankruptcy protections;
The lack of a statute of limitation;
The draconiam methods used by the student loan industry to collect student loans.
This is extremely frightening.
How can you fight Allied Interstate?
ReplyDeleteI graduated with my BA in 2004 and was told I should go to grad school by professors in whom I trusted. I was told that paying back the loans would not be a problem... Well after earning my MA, i immediately started searching for a full time career. I applied in several different states and to several different positions. All I heard was, "You have a great educational background, but we are looking for someone with experience...". I earned my MA in 2006 and went on for my PH.D. because the graduate school at least offered me an assistantship which provided some experience and a paycheck (though a very small paycheck). I continued searching for a real career outside of academia, but I never found anything-- or rather, no one ever wanted to hire me. Now, I am expecting my first child in February and my only source of income is as a part time adjunct instructor at a community college. I really want to have a full time career, but after spending the last SIX years searching for one, I am starting to think I should just give up and be a stay at home mom. My boyfriend supports this option, as repaying over $140,000 in student loans means I would basically be working for nothing to pay for daycare. I am sorry, but if I have to choose between no paycheck so that someone less educated can raise my child or no paycheck so that I can raise my own child, I will simply stay at home and not work. My debt won't affect my boyfriend, as we will not marry "legally"-- we will simply have a religious ceremony... I tried to do the right thing and find a good career to repay my loans. I studied my butt off in college and grad school and I am far from lazy. The system sucks and so does the economy. There is little else I can do.
ReplyDeleteI feel for you. I also sacrificed a lot to get an extensive education only to discover that it was essentially worthless. I think there are quite a few people out there in the same boat with us.
ReplyDeleteI know you probably already know this, but it bears repeating just in case: make sure that all property you own is in your boyfriend's name and allow him to claim your child on his taxes. The IRS is going to seize any tax refund you are entitled to from now on. Your boyfriend's, however, is untouchable so letting him claim her is the only way that child tax credit is going to do either of you any good.
Here's hoping that you one day find your dream job. Hang in there.
Any legislation on controlling or negotiation of default fees?? I'm about to rehabilitate loan and sell loan but refuse until they play ball they say ask in writing to borrower advocacy but sure they wont budge..is anything in works limiting this usuary.
ReplyDeleteI have no idea. But I doubt the government would step in to limit its own profits.
DeleteThis comment has been removed by a blog administrator.
ReplyDeleteThis activitiy should be investigated by private impartialy audit.....
ReplyDeleteHello. I file my taxes and was getting back $11,338.00. Now my student loan did go into default and was sent to a collection agency that I had set up a payment plan with. my principle bal is $11,298.63, with interest and fees & cost (whatever that means) the total balance is $14,707.27.The department of education has offset the whole the whole thing and told they are going to do it
ReplyDeletenow my question is how can I get them to clear my account as paid in full since they took the whole $11,338.00. Do I need to get a legal aid to write them or can I do it myself and how do I do that.
againnex
From what I understand, the account isn't paid in full – not quite. The total balance, with all the extra collection fees, is roughly $2400 more than your tax refund. Once you pay off the debt, however, you can request that the Department of Education send you a zero balance statement. But you'll get one whether you request it or not, since the DoE servicers generally send out quarterly statements.
DeleteThe student loan crisis is a major problem! I myself am a victim of a for profit universities scam deal getting me into an MBA that is totally worthless! I have over $110,000 in student loans and have been trying to re-pay them, however a roof over my head, eating, a way to get the lousy paying job I do have....all have to come first! What gets me is we hand out money left and right to people who do NOT work, to illegal immigrants and to foreigners who come here and get to go to school for free. Yet when it comes to us the American people, we are left to suffer and every one suddenly complains about the tax burden! Additional education after high school should be free for all Americans and anyone else who wants to attend needs to pay their own way. If they aren't a citizen, they don't belong in our universities! Thanks to this school lies, I will never be able to re-pay these loans, never be able to go back to school, certainly never own a home. I am sick of the lies and fraud from the US Government.
ReplyDeleteI'm in the same boat as those of you that went for the worthless Masters degree. Anyhow, my wages have been being garnished at 15% for a little over a year by USA Funds, and then just this month I got hit with a garnishment from The U.S. Department of Education. I thought all my loans were consolidated under Sallie Mae, which is the USA Funds garnishment. I'm so confused about all the loans, and I cannot find one that equals the amount the U.S. Department of Education is hitting me for.... should there be 2 different garnishments for student loans??? They can take more than 25% total in garnishments, correct?
ReplyDeleteThe garnishment rules for student loans are a little different than those for commercial debts. To the best of my knowledge, the maximum amount you can be garnished for defaulted student loans is 15%, not 25%, so you're doing okay there. If all your loans were consolidated, its time to gather up your paperwork and contact the Department of Education. Given the amount of red tape and, okay, I'll say it--lunacy--that goes on there, its entirely possible that second garnishment is an error. You owe it to yourself to find out where that extra money is going and why.
DeleteHi, I have a situation I am wondering if I can get your input on. In 2010 I got a federal loan to attend a state university far from home. I was laid off from a job necessary to my success there, and after I finished the first semester I had no other option but to give in and move back to my home state. It was awful and stupid and irresponsible, but instead of dropping, I took the money disbursed for the second semester, dropped the classes and used the money to move back home with. The money was borrowed from the Federal Government, but from what I gather, the university directly paid it back to the Fed, and then came to me to pay *them* back. They sent letters and I ignored them. They called and I never answered. Finally this year I got caught up and decided to make everything right, so I started with 3 small commercial credit card accounts I let get delinquent, and am paying them off over the next couple months. It's taking every extra cent I have, but I'm committed to settling it all. Anyway, today they called (that is the collection agency the university hired) and I answered- to open the lines of communication and let them know I am interested in working something out, but that I can't right now because of my current commitment to the other creditors. They asked me my income, my bills, they wanted me to give them some amount of money in the next 3 days, and I told them I couldn't (rent is due!) but that mid-summer I would ready to work something out. Then they asked if I currently had any wage garnishments against my for unpaid student debt- when I said no they pretty much said "ok, well since you aren't willing to work with us I guess that'll be all" and hung up. I am freaking out now because I'm worried they are going to issue a garnishment! The thing I am completely unclear on though, is if that money (about $4500) is owed to the university- not to the government- do I really need to be afraid of a garnishment?
DeleteHi, I have a situation I am wondering if I can get your input on. In 2010 I got a federal loan to attend a state university far from home. I was laid off from a job necessary to my success there, and after I finished the first semester I had no other option but to give in and move back to my home state. It was awful and stupid and irresponsible, but instead of dropping, I took the money disbursed for the second semester, dropped the classes and used the money to move back home with. The money was borrowed from the Federal Government, but from what I gather, the university directly paid it back to the Fed, and then came to me to pay *them* back. They sent letters and I ignored them. They called and I never answered. Finally this year I got caught up and decided to make everything right, so I started with 3 small commercial credit card accounts I let get delinquent, and am paying them off over the next couple months. It's taking every extra cent I have, but I'm committed to settling it all. Anyway, today they called (that is the collection agency the university hired) and I answered- to open the lines of communication and let them know I am interested in working something out, but that I can't right now because of my current commitment to the other creditors. They asked me my income, my bills, they wanted me to give them some amount of money in the next 3 days, and I told them I couldn't (rent is due!) but that mid-summer I would ready to work something out. Then they asked if I currently had any wage garnishments against my for unpaid student debt- when I said no they pretty much said "ok, well since you aren't willing to work with us I guess that'll be all" and hung up. I am freaking out now because I'm worried they are going to issue a garnishment! The thing I am completely unclear on though, is if that money (about $4500) is owed to the university- not to the government- do I really need to be afraid of a garnishment?
DeleteHello,
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My wife is 37, twice divorced with bad credit. She has $100K in student loans in deferment but as she can't find a job other than retail for $10/hour she is never going to pay back those loans.
ReplyDeleteAs her husband I'm forced to put all the bills and assets in my name, we don't co-mingle finances.
I have to plan for her to default later on and then configure my estate planning assuming she's going to get Social Security garnished when she retires. I have to set up trusts to sheled assets from collections when they eventually come knocking. She will discharge her loans upon death.
The fees for the student loans should be reduced. It is highly important. Personal Loans Wilson
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This is America, yet the government is treating us like the debtors in England who sought to escape government tyranny and harassment. Like many of you, I was encouraged by college advisors to pursue graduate degrees (an MA and a Phd) and lenders were only to willing to help me with loans. Thinking that I'd be employed long enough (I was non-traditional age when I completed my Phd) to repay the loans, I taught at a major northeastern university for several years. One day, I came home to find my husband dead. He was murdered in our home while I was teaching at the University. The shock and trauma plunged me into a depression that I've only recently been able to shake and I was unable to teach. I did take an adjunct position at a local community college, but suffered with PTSD each time I walked into the classroom. Now, at the age of 66, unable to find employment, the government has begun to garnish my ss check. My life is better: I've remarried, but worry they will seize our assets (joint bank account). Our home is in my husband's name only, but I still wonder if the government will take the little bit of peace and happiness we have. I would gladly return my Phd. I would be happy to repay the loan, but have been met only by threats each time I contact the DOE. This is America?
ReplyDeleteNice post..Thanks for information..
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I as well as 10 of my friends have college degrees all of which are not used or required for our current careers. Government should promote careers over college. It should also assist in workforce placement to help those with student loans from defaulting in the first place. they have made the system for debt. Lee your reply comments are very assisting.
ReplyDeletehow they going to get back there money ?
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ReplyDelete