What Happens If You Never Pay Your Student Loans?
Learn the wide-ranging effects of failing to repay student loans, impacting your finances and future. Discover steps to address default.
Learn the wide-ranging effects of failing to repay student loans, impacting your finances and future. Discover steps to address default.
Defaulting on student loans can initiate a cascade of significant financial and personal repercussions. This article clarifies the progression of events and the direct and indirect impacts that can arise from not repaying student loans.
The moment a student loan payment is missed, the loan becomes delinquent. For federal student loans, delinquency begins the day after a payment due date. This status continues until the overdue amount is paid or other arrangements are made with the loan servicer.
While a loan is delinquent from the first missed payment, loan servicers typically report federal loan delinquencies to the three major credit bureaus (Equifax, Experian, and TransUnion) once they are 90 days past due. Private lenders may report missed payments sooner, often after 30 days. This reporting immediately impacts a borrower’s credit score, as payment history is a significant factor in credit scoring models. A single 90-day delinquency can cause a substantial drop in a credit score, potentially affecting future access to credit for mortgages, car loans, or even renting an apartment.
As payments remain unpaid, loan servicers intensify their efforts to contact the borrower through calls, letters, and emails. The frequency and urgency of these communications increase as the delinquency period lengthens. This period of delinquency serves as a precursor to the more severe stage of default.
For most federal student loans, a loan officially transitions from delinquency to default when payments have not been made for 270 days. Private student loans often default after a shorter period, such as three missed monthly payments or 90 days, though specific terms depend on the individual loan agreement.
Once a student loan enters default, especially a federal loan, the loan holder gains access to a range of aggressive collection tools to recover the outstanding debt. These actions are distinct from the initial impacts of delinquency and carry severe financial consequences.
Wage garnishment allows a portion of a borrower’s earnings to be directly withheld from their paycheck. For defaulted federal student loans, the government can garnish up to 15% of disposable income without a court order, ensuring borrowers retain at least 30 times the federal minimum wage weekly. Private lenders typically require a court order and can garnish up to 25% of disposable income.
Another common collection action is the tax refund offset. Both federal and state tax refunds can be seized by the government to repay defaulted student loans. The borrower usually receives a notification before this offset occurs. This means any anticipated refund that could have been used for other financial needs will instead be applied to the defaulted loan balance.
Social Security benefits can also be subject to offset for defaulted federal student loans. The government can withhold up to 15% of a borrower’s Social Security retirement or disability benefits, though a protection ensures the remaining monthly benefit does not fall below a certain threshold. Supplemental Security Income (SSI) and Veterans Affairs (VA) benefits are generally protected from this type of garnishment. Private student loan lenders typically cannot garnish Social Security benefits directly.
Borrowers with defaulted student loans also become liable for significant collection costs. For federal student loans, these costs can add up to 25% of the outstanding principal and interest balance. These fees may be deducted from any payments made or added to the overall loan balance, substantially increasing the total amount owed beyond the original principal and accrued interest.
Beyond direct financial penalties, student loan default brings a range of other serious repercussions that affect a borrower’s long-term financial health and opportunities. These impacts extend beyond immediate collection efforts.
A major consequence of defaulting on federal student loans is the loss of eligibility for further federal student aid. This means a borrower can no longer receive federal grants, loans, or participate in work-study programs for their own education. In some instances, this ineligibility can also extend to their dependents. To regain eligibility, the defaulted loans must be brought out of default.
Default also eliminates access to various repayment protections and options that could have helped prevent default in the first place. Borrowers lose the ability to apply for deferment, which is a temporary postponement of payments, or forbearance, which allows for a temporary reduction or cessation of payments. They also become ineligible for income-driven repayment plans, which adjust monthly payments based on income and family size.
In some cases, the loan holder, whether the government or a private lender, may pursue a lawsuit to obtain a judgment against the borrower. While federal student loans are rarely subject to lawsuits, the government retains the authority to pursue legal action at any time due to the absence of a statute of limitations on federal student loan debt. If a judgment is obtained, it can lead to additional consequences such as liens on property or levies on bank accounts.
Defaulted student loans can lead to the suspension or revocation of professional licenses for certain professions. This varies by state and profession, impacting fields like teaching, nursing, and law. While some states previously enforced such laws, many have recently repealed or are in the process of repealing them.
For borrowers facing student loan default, several pathways exist to bring their loans back into good standing and mitigate the severe consequences. Understanding these options is a proactive step toward resolving the situation.
One common option for federal student loans is loan rehabilitation. This process typically involves the borrower making a series of nine voluntary, reasonable, and affordable monthly payments within a 10-month period. Once successfully completed, the default status is removed from the borrower’s credit report, although records of the prior delinquencies will remain. Rehabilitation also restores eligibility for federal student aid and other repayment benefits. Borrowers considering this path need to understand how their payment amount will be calculated and the commitment required for the payment period.
Another method to resolve a defaulted federal student loan is loan consolidation. This involves combining one or more defaulted federal student loans into a new Direct Consolidation Loan. To qualify, a borrower generally must either make three consecutive, on-time payments on the defaulted loan before consolidating, or agree to repay the new consolidated loan under an income-driven repayment plan. Consolidation removes the default status and restores eligibility for federal student aid programs. Borrowers should consider how consolidation might affect their interest rate and the overall repayment period.
Discharging student loans through bankruptcy is an extremely difficult, though not entirely impossible, option. Unlike most other forms of debt, student loans are rarely discharged in bankruptcy unless the borrower can prove “undue hardship.” Most courts apply a stringent legal standard, often referred to as the “Brunner test,” to determine undue hardship. This test requires the borrower to demonstrate that they cannot maintain a minimal standard of living while repaying the loans, that this financial hardship is likely to persist for a significant portion of the repayment period, and that they have made good faith efforts to repay the loans. Due to the high bar for discharge, borrowers considering this option typically require legal counsel to navigate the complex process.