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Friday, December 12, 2008

Student Loan Default: How to Deal with It

By William Blake

The Department of Education has many different avenues with which it works hard to get money back from individuals whose student loan payments have turned into student loan default. Defaulting on a federal student loan can become such a costly event that it often becomes more expensive than an individual's original student loans ever were. This is mostly owing to fees that are charged by loan guaranty agencies and collection agencies that the Department of Education employs to get their money back.

If you are in student loan default then the IRS can legally intercept your entire income tax refund until all your loans are paid in full. When it comes to student loan default this is the most common method the U.S. Department of Education uses to collect. The IRS will be notified of your student loan default if you haven't made a payment within 90 days.

In order to object their claims you have 65 days from the time you receive your student loan default notice to show written evidence that you have repaid the loan, are making payments under a negotiated plan, that you have filed for bankruptcy, that you are disabled, that it isn't your loan, that you dropped out of school or for any other reason that the loan isn't legally enforceable.

What You Can Do About Default Student Loans

There are some options regarding what you can do about your default student loans. Choosing the right option for your specific case might even mean being able to regain financial aid eligibility, make your credit rating better, and possibly have your student loan default stricken from your financial record.

Loan rehabilitation is the first, and often best, option to go with. Of all the options you have, only loan rehabilitation will let you protect your financial aid eligibility and recover your credit score. This option is only available to people who arrange to repay their default loan and then do so on nine consecutive occasions. These payments must be made within twenty days of their due dates and in full.

These payments must be voluntary, meaning that they cannot arrive to the lender by means of wage garnishing, lump sum payments, or legal proceedings.

When your student loan has gone to default, you can also keep your right to receive future financial aid by making arrangements to pay off your entire student loan by means of a one-time satisfactory payment. For payments to be acceptable, they must be made within fifteen days of their due dates six times consecutively. These payments are usually the accrued interest rate or fifty.

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