Dear Liz: My daughter graduated from college seven years ago and moved to London. She has not paid her student loans. Do they drop off her credit reports like other unpaid debt? What about the government’s ability to collect? Does that expire as well?
Answer: The government can pursue people who owe federal student loan debt to their graves. There is no statute of limitations for collections activity, as there is on most other debt. Furthermore, the government has powers any private collection agency would envy. The feds can seize tax refunds, garnish wages without a court order and even take a portion of a debtor’s Social Security checks.
Your daughter shouldn’t expect the unpaid debt to vanish from her credit reports either. The federal Fair Credit Reporting Act limits the length of time other negative marks can remain, but that doesn’t apply to federal student loans.
The Fair Credit Reporting Act “is silent as it pertains to government-guaranteed student loans,” said credit expert John Ulzheimer, president of consumer education at CreditSesame.com. “The Higher Education Act allows them to remain on credit reports as long as they’re unpaid.”
There are so many affordable repayment options these days for federal student loans that it makes little sense to default. In cases of extreme hardship or low income, payments can be reduced to zero and the loans would still be considered current.
Your daughter needs to make arrangements to pay what she owes, especially if she ever plans to come home. The good news is that the Department of Education will work with her to get her loans out of default status, and clear up her credit, with an affordable payment program. She can start by visiting the department’s site at studentaid.ed.gov.
Although it is true that stiudents loans have no statute of limitations, the credit bureaus will generaly not report them after 10 years. The FCRA has never been amended to clearly permit the reporting of stident loand beyond normal statute of limitations.
Also theborrower must understand that the amount she owes has probobly doubled in 7 years due to interest and collection costs.