Statute of Limitations and the Student Loan Higher Education Act

The Higher Education Act is the legal authority for the federal programs that constitute the majority of financial assistance to those attending undergraduate and graduate courses. These programs allow students to take out loans to pay for tuition, books and cost of living while they are in college, but they have the force of the federal government to make sure they are repaid.
  1. Statute of Limitations

    • Some people mistakenly believe that if they default on paying off their student loans for long enough that a statute of limitations will kick in and will no longer be responsible for the dollar amount. This is not true. Section 484A(a) of the Higher Education Act provides that no statute of limitations bars collection of student loan debt. Section 1091a(a) further states that even if a state law is enacted to impose such a statute of limitations, the terms of the federal Higher Education Act would supersede any such legislation.

    Bankruptcy

    • Federal student loans are the one kind of debt that bankruptcy cannot wipe out. You still must repay student loans after declaring bankruptcy, unless the court issues a separate ruling that repaying the loans would constitute an undue hardship.

    Consolidation

    • Because the only thing that can release you from student loan debt is a separate ruling by a judge in a bankruptcy case, contact the U.S. Department of Education's Default Resolution Group if you fall behind on your student loans. They can help you explore your options for addressing your loan.

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