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I Had My Federal Student Loans Eliminated Because of My Disability But What About My Private Student Loans?

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Question:

Dear Steve,

Received full disability discharge for gov’t loans. And as bad health goes, later filed bankruptcy. My Atty made sure the private student loan (psl) people were notified directly. They did not respond. Shortly after I started receiving collections for (psl).

I wrote them a response regarding the alleged debt, in that, my gov’t Loans were discharged under disability; the statute of limitations on private debt had run because I hadn’t made a payment in years. Have not heard a peep.

But Atty says they still may be active. I want clarity without opening a can of worms. FYI I filed insolvency on my taxes form 982 to alleviate 1099 income tax on my forgiven gov’t loans.

How do I clarify the debt is gone?

Maris

Answer:

Dear Maris,

Your question is similar to this one I just answered.

The fact the private student loans may be outside the Statute of Limitations in your state is a defense you can raise if you are sued over these old loans. Currently, it does not prevent collections activity or even being sued.

But I think you can manage the old loans by getting some exceptional advice from the non-profit law firm HELPS. HELPS assists seniors and disabled people with low-cost representation and assistance.

The most critical issue is to prevent you from doing anything that would trip the Statute of Limitations to start over again. You can accidentally do this by admitting the debt is yours, making a payment, or even making a promise to pay.

HELPS will assist you in avoiding these traps.

Things are changing slowly and it is possible with a change in the political landscape that efforts will finally roll out to require debt collectors to no longer sue over expired debt and to advise consumers if the debt they are attempting to collect on is expired.

Sincerely,


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Steve Rhode
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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.
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