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When Will My Sallie Mae Tuition Answer Loans Become Uncollectible?

By on April 6, 2017

Question:

Dear Steve,

Thanks for all your work and info. I am trying to determine the SOL on my loans have defaulted with last payment date in 2010 but I believe got put into deferment then last activity reports in 2012. I am wondering if you have any new info on the SM Tuition Answer predatory loans in general and if the date of last payment reported on my credit bureau is my SOL start (2010) or if it’s the date of default (2012). If date of default is it month 1 (30 days) or at the point of 180 days where they assume harm though the real initial non payment was the first 30 days? Do you have any resources you can recommend to review regarding in depth info about determining the SOL start date?

Anna

Answer:

Dear Anna,

The Statute of Limitations (SOL) is a tricky issue. Just because your loans might be outside the SOL does not mean you can’t be sued on the loans. It just means you could raise that as a defense. And even outside the SOL, collections can still take place.

I once thought this was straightforward and easy to calculate. I was wrong.

There are so many little events which can cause the SOL to start and stop that the only way to get a definitive answer would be for you to consult an attorney who is licensed in your state and have them review you specific debt.

The start date on the SOL would be the date you last made a payment, made a promise to pay, admitted the debt was yours, or entered a payment agreement.

But Tuition Answer loans have their own issues that might make them dischargeable in bankruptcy. Read this.

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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

4 Comments

  1. Alan Gerard Gauthreaux

    August 15, 2017 at 3:20 pm

    Question: why would my private student loan servicer offer me a 60% reduction off the original loan amount after doing a verification of assets?

    • Steve Rhode

      August 15, 2017 at 3:35 pm

      They want to get paid something.

  2. Bren

    April 11, 2017 at 12:08 pm

    Just curious— how is SOL affected if payments are being made on some loans but not others? Two of my loans had a co-signer, and she is currently making payments on those. As for the rest of my Sallie Mae/Navient private loans, I’ve stopped paying on them and have not answered any calls. Do the payments from my co-signer reset the clock on the other loans?

    • Steve Rhode

      April 11, 2017 at 2:54 pm

      If any payment is being made on the loan by a co-signer, it is my understanding it impacts the overall SOL on the loan. But as always, you’d have to check with a lawyer licensed in your state for a legal opinion.

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