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Thursday, December 11, 2008

Student Loan Default: How to Deal with It

By William Blake

If you fall behind in your student loan payments and end up in student loan default, there are a lot of tools the Department of Education can use to get their money back. If you have a federal loan then student loan default can cost you even more than the amount you originally borrowed. By defaulting on your loan you can be charged high fees by loan guaranty agencies and you may get charged for the commission fees that the Department of Education pays to collection agencies.

The IRS can actually hold back your tax refund check until you finish making payments on your federal student loans if they have gone into default. This method of retrieving their funds is most frequently utilized by the Department of Education. When you have failed to make a payment within a ninety day period, the IRS will be informed that your federal student loans have gone into default.

In order to object their claims you have 65 days from the time you receive your student loan default notice to show written evidence that you have repaid the loan, are making payments under a negotiated plan, that you have filed for bankruptcy, that you are disabled, that it isn't your loan, that you dropped out of school or for any other reason that the loan isn't legally enforceable.

What You Can Do About Default Student Loans

There are some options regarding what you can do about your default student loans. Choosing the right option for your specific case might even mean being able to regain financial aid eligibility, make your credit rating better, and possibly have your student loan default stricken from your financial record.

The first and best option is loan rehabilitation. This is the only option that allows you to restore your credit rating and your eligibility for further financial aid. To qualify for this option you will have to make satisfactory repayment arrangements which usually means nine consecutive, full payments in about twenty days of their due date.

These payments must be voluntary, meaning that they cannot arrive to the lender by means of wage garnishing, lump sum payments, or legal proceedings.

If you make arrangements for a one time satisfactory repayment of a defaulted loan then you can restore your eligibility for financial aid. In order for this to happen you will need to make six consecutive, acceptable monthly payments within fifteen days of their due date. The acceptable payments are typically fifty or the accrued interest rate.

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