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Home > Reader Questions > Can a Private Student Loan Lender Still Collect After Ten Years? – Brad

Can a Private Student Loan Lender Still Collect After Ten Years? – Brad

I recently received a phone call from my ex wife stating we owe $14K on a private student loan that was taken out over 10 years ago for me to go to school. The loan was not paid and now we are in danger of being sued by the company that bought the loan.

Does the statute of limitations apply in my case since the loan is over 10 years old and the current company bought the loan back in 2005? I live in Arizona and my research has told me that the statute of limitations in AZ is 6 years. Can you help me with this question?

Brad

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  • Meredith

    This gets completely confusing. Some answers it say SOL on private student loans is in effect and other answers say there is no SOL on a private student loan. Can we get a proper answer about SOL??

    • http://DamonDay.com/ Damon Day

      Private student loans are subject to the statute of limitations.

      • Meredith

        so if your loan is past the sol and you still can’t pay what can they do to collect? Anything?

      • http://DamonDay.com/ Damon Day

        They can still sue if they want, but if you are past the SOL, and you did nothing to reset it, then you would have a pretty good defense. I recommend you consult with a local attorney.

        What city do you live in?

      • Meredith

        Pensacola

  • scoot

    Hi Brad,

    I believe there is no statute of limitations for student loans. Unfortunately, you will need to pay the debt. Good luck to you!

    • http://GetOutOfDebt.org Steve Rhode

      Just for clarity. Private student loans do fall under the statute of limitations.

  • Erin

    Most studen loan companies will work with you to set up a payment plan. I know ours did when times get tough. Good Luck.

  • http://GetOutOfDebt.org Steve Rhode

    Please talk to a licensed attorney in your state regarding any state limitation on collections after a specified date.

  • Miller

    Hmmm…. two red flags:
    It sound like you do have a private student loan. Everything I’ve read so far states that PRIVATE student loans have a statute of limitations. Government Student Loans do not and they will own you forever. Look into that…

    Also, why is your ex-wife calling you? Is she just trying to hit you up for money?

  • K8zplace

    Hello I am so sorry you got this hit out of left field….I hope these folks allow you to work with them and set up a doable repayment plan Good Luck to you I wish you a speedy recovery!

  • Msullivan

    Brad,

    There is no statute of limitations on student loan debt. Federal law grants it special status and it never expires (until death) and normally cannot be erased in bankruptcy.

    I would suggest you work with the lender to set up a payment schedule. You may try to eliminate some interest and penalties through negotiations but you should expect to pay back the entire student loan.

    Sorry. 

    • http://GetOutOfDebt.org Steve Rhode

      Correct.

  • Jbravo

    What is the statute of limitations in California?

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