Ask The Get Out of Debt Experts Statute of Limitations

Student Loan Statute of Limitations is Perplexing

Written by Steve Rhode

“Dear Steve,

My fiancée has over $60k in private student loans. The original amount borrowed was $35k she is a teacher and always thought the student loan forgiveness program would apply and we discovered it doesn’t

We have calculated that she cant afford to pay the minimum payments and reduce the balance. Her last payment was May 2014, I read that the statute of limitation for Texas is 4 years and that is where she took at the loans however she now lives in Colorado with me where the statute of limitations is 6 years.

So my question is which statute would apply, Texas where the loans were originated in or Colorado where she lives now and lived when she made the most recent payment?

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Dear Anthony,

This is an issue she should discuss with a local attorney who is licensed in Colorado. There are many underlying issues that could impact the final determination and it will take a lawyer who specializes in this part of the law to give you a definitive answer.

While it might cost you a couple of hundred of dollars to meet with a local attorney, a favorable opinion would be invaluable since it might make it perfectly clear the loans are now past the statute of limitations and she cannot be sued over them anymore.

Sucks about the incorrect assumption about the forgiveness program. If they had been federal student loans she might have qualified for the Public Service Loan Forgiveness Program.

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

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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