Statute of Limitations on Private Student Loans: State Guide

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Missing payments on student loans can severely impact your credit. However, the more time that passes, the less of an effect that these missed payments should have on your credit overall.

Additionally, while student loan debt won’t ever go away, there could come a point where your creditors will stop trying to collect on your past-due loans. This limited period that lenders have to take you to court to recoup the debt is called a statute of limitations.

Here’s what you need to know about the statute of limitations on private student loans:

• When does private student loan debt fall off your credit report?
• What happens if you default on student loans?
• Can wages be garnished for private student loans?
• Can you discharge student loans through bankruptcy?
• Should you refinance your student loans to save money?

When does private student loan debt fall off your credit report?

While there’s no statute of limitations for federal student loans, a private student loan that has passed the statute of limitations is considered a time-barred debt — meaning the lender can’t sue you to collect the money.

The statute of limitations for private student loans generally ranges from three to 10 years, depending on your state.

Just keep in mind that if you do anything to acknowledge the old debt — even making one payment or acknowledging the debt as yours — the clock can restart, and the statute of limitations will begin again.

Learn More: How to Know if Your Student Loan Interest Rates Too High

Do private student loans go away after seven years?

Private student loans don’t go away unless you pay them off, but in most cases, they’ll fall off your credit report after seven years.

But keep in mind that lenders can still contact you to collect an old debt, even if it’s decades old and they can no longer take you to court over it.

Check Out: What Is a Student Loan Grace Period?

Are private student loans forgiven after 20 years?

Unfortunately, only federal student loans are eligible for student loan forgiveness programs — private student loans don’t qualify.

If you’re wondering how long it’ll take to pay off your student loans, enter your current loan information into the calculator below to find out. Use the slider to see how increasing your payments can change the payoff date.

Learn More: When Student Loan Refi Is a Good Idea and When to Reconsider

State-by-state list of statute of limitations on debt collection

Every state has its own statute of limitations for private student loans and other debts. Here are the statutes of limitations for each of them:

Check Out:

• How to Pay Off $50,000 in Student Loans
• How to Pay Off $300,000 in Student Loans

What happens if you default on student loans?

Student loans are considered delinquent immediately after a payment is missed. After missing enough payments in a row, you could end up in student loan default.

Most federal student loans go into default after 270 days. For private student loans, the default terms can vary depending on the loan — many private lenders will consider a loan to be in default after 120 days.

Defaulting on your student loans causing a range of issues, including:

• Repayment acceleration: If your loans are in default, the entire unpaid balance could become due rather than your usual monthly payments.
• Damage to your credit score: Your payment history is one of the biggest factors that make up your credit score. If you miss a student loan payment or miss enough payments to end up in default, your credit score could be severely damaged.
• Limited access to credit in the future: Defaulting on a student loan could make it difficult to get approved for other types of credit, such as auto loans or mortgages. Additionally, being in default on a federal student loan will make you ineligible for federal financial aid.
• Could be sent to collections: Your lender could send your loan to collections, after which debt collectors will start contacting you in an attempt to collect. You might also be charged collection fees, adding to your overall loan cost.
• Could be taken to court: If you default on a private student loan, your lender could take you to court, charge you the unpaid balance, and require you to pay any associated court costs.
• Consequences for your cosigner: A cosigner shares responsibility for the loan — so if you miss payments or end up in default, your cosigner’s credit could be damaged, and they’ll likely be on the hook for repayment.

Learn More:

• Can’t Pay Your Student Loans? What You Need to Know
• Can You Pay Your Student Loans With a Credit Card?
  

Can wages be garnished for private student loans?

Yes, your wages can be garnished if you default on private or federal student loans.

• Private student loans: To garnish your wages, private lenders have to sue you and obtain a court judgment. If the wage garnishment is approved, you could have up to 25% of your pay withheld. Lenders might also get a court judgment to seize your assets or place liens on your property.
• Federal student loans: The government can withhold up to 15% of your pay to send to your loan holder.

In general, wage garnishment lasts until your student loan is paid off, settled, discharged, or otherwise removed from default status. In the case of private student loans, you might also be able to ask the court to stop the wage garnishment if you’re eligible for an exemption.

Check Out: Private Student Loan Consolidation

Can you discharge student loans through bankruptcy?

Getting your student loans discharged through bankruptcy is difficult but not impossible. To potentially have your loans discharged, you must:

• File for Chapter 7 or Chapter 13 bankruptcy
• File a separate action called an “adversary proceeding”

The court will then decide whether repaying your student loans would impose an undue hardship on you and your dependents. If the court rules in your favor, then some or all of your student loans could be discharged or modified with different terms — such as a lower interest rate.

Learn More: How to Pay off Student Loans in 10 Years or Less

Should you refinance your student loans to save money?

If you’re struggling to repay your student loans, you might consider refinancing them. Through student loan refinancing, you’ll take out a new loan to pay off your old loans — leaving you with just one loan and payment to manage.

Depending on your credit, you might qualify for a lower interest rate through refinancing, which could save you money on interest and even help you repay the loan faster.

Or you could opt for a longer repayment term to lower your monthly student loan payment and lessen the strain on your budget — though keep in mind that this means you’ll pay more in interest over time.

If you decide to refinance your student loans, be sure to consider as many lenders as possible to find the right loan for your needs. Credible makes this easy — you can compare your prequalified rates from our partner lenders in the table below in two minutes.

Lender	Fixed rates from (APR)	Variable rates from (APR)	Loan terms (years)	Loan amounts	Min. credit score
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	4.4%+	4.54%+	5, 7, 10, 15, 20	$10,000 up to $250,000 (depending on degree)	690
Fixed APR: 4.4%+ Variable APR: 4.54%+ Min. credit score: 690 Loan amount: $10,000 to $400,000 Loan terms (years): 5, 7, 10, 15, 20 Repayment options: Military deferment, forbearance Fees: Late fee Discounts: Autopay Eligibility: Must have a credit score of at least 720, a minimum income of $60,000, and must be a resident of Texas Customer service: Email, phone Soft credit check: Does not disclose Cosigner release: No Loan servicer: Firstmark Services Max. Undergraduate Loan Balance: $100,000 - $149,000 Max. Graduate Loan Balance: $200,000 - $400,000 Offers Parent PLUS Refinancing: Does not disclose
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.39%+1	5.39%+1	5, 7, 10, 15, 20	$10,000 to $500,000 (depending on degree and loan type)	Does not disclose
Fixed APR: 5.39%+1 Variable APR: 5.39%+1 Min. credit score: Does not disclose Loan amount: $10,000 to $750,000 Loan terms (years): 5, 7, 10, 15, 20 Repayment options: Immediate repayment, academic deferment, military deferment, forbearance, loans discharged upon death or disability Fees: Late fee Discounts: Autopay, loyalty Eligibility: Must be a U.S. citizen or permanent resident and have at least $10,000 in student loans Customer service: Email, phone, chat Soft credit check: Yes Cosigner release: After 24 to 36 months Loan servicer: Firstmark Services Max. Undergraduate Loan Balance: $100,000 to $149,000 Max. Graduate Loan Balance: Less than $150,000 Offers Parent PLUS Refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.24%+2	5.24%+2	5, 7, 10, 12, 15, 20	$5,000 to $300,000 (depending on degree type)	Does not disclose
Fixed APR: 5.24%+2 Variable APR: 5.24%+2 Min. credit score: Does not disclose Loan amount: $5,000 to $300,000 Loan terms (years): 5, 7, 10, 12, 15 Repayment options: Military deferment, forbearance, loans discharged upon death or disability Fees: Late fee Discounts: Autopay Eligibility: All states except for ME Customer service: Email, phone, chat Soft credit check: Yes Cosigner release: After 24 to 36 months Loan servicer: College Ave Servicing LLC Max. Undergraduate Loan Balance: $100,000 to $149,000 Max. Graduate Loan Balance: Less than $300,000 Offers Parent PLUS Refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	7.41%+5	7.29%+5	5, 10, 15, 20	$1,000 to $250,000	700
Fixed APR: 7.41%+5 Variable APR: 7.29%+5 Min. credit score: 700 Loan amount: $7,500 to $200,000 Loan terms (years): 5, 10, 15, 20 Repayment options: Immediate repayment, academic deferment, forbearance, loans discharged upon death or disability Fees: None Discounts: Autopay Eligibility: Must be a U.S. citizen or permanent resident and submit two personal references Customer service: Email, phone Soft credit check: Yes Cosigner release: After 36 months Loan servicer: Granite State Management & Resources (GSM&R) Max. Undergraduate Loan Balance: $150,000 to $249,000 Max. Graduate Loan Balance: $150,000 to $199,000 Offers Parent PLUS Refinancing : Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	4.83%+3	3.99%+3	5, 7, 10, 12, 15, 20	$10,000 to $250,000	680
Fixed APR: 4.83%+3 Variable APR: 3.99%+3 Min. credit score: 680 Loan amount: $10,000 to $250,000 Loan terms (years): 5, 7, 10, 12, 15, 20 Repayment options: Forbearance Fees: None Discounts: None Eligibility: Must be a U.S. citizen or permanent resident, have at least $15,000 in student loan debt, and have a bachelor’s degree or higher from an approved school Customer service: Email, phone Soft credit check: Yes Cosigner release: No Loan servicer: Mohela Max. Undergraduate Loan Balance: $250,000 Max. Graduate Loan Balance: $250,000 Offers Parent PLUS Refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.61%+4	6.61%+4	5, 10, 15, 20	$5,000 to $250,000	670
Fixed APR: 5.61%+4 Variable APR: 6.61%+4 Min. credit score: 670 Loan amount: $5,000 to $250,000 Loan terms (years): 5, 10, 15, 20 Repayment options: Academic deferment, military deferment, forbearance Fees: Late fee Discounts: Autopay Eligibility: Must be U.S. citizen or permanent resident Customer service: Email, phone, chat Soft credit check: Yes Cosigner release: Yes Max undergraduate loan balance: $250,000 Max graduate loan balance: $250,000 Offers Parent PLUS refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	6.94%+ 7	N/A	5, 7, 10, 12, 15, 20	Up to $300,000	670
Fixed APR: 6.94%+ 7 Variable APR: N/A Min. credit score: 670 Loan amount: Up to $300,000 Loan terms (years): 5, 7, 10, 15, 20 Time to fund: Usually one business day Repayment options: Academic deferral, military deferral, forbearance, death/disability discharge Fees: None Discounts: Autopay Eligibility: Available in all 50 states Customer service: Email, phone Soft credit check: Yes Cosigner release: After 24 months Max. undergraduate loan balance: $300,000 Max. graduate balance: $300,000 Offers Parent PLUS loans: Yes Min. income: None
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	4.49%+	4.38%+	5, 7, 10, 15	Up to $300,000	700
Fixed APR: 4.49%+ Variable APR: 4.38%+ Min. credit score: 700 Loan amount: $5,000 to $300,000 Loan terms (years): 5, 7, 10, 15 Max. undergraduate Loan Balance: $125,000 Time to Fund: 10 to 30 days Repayment options: Immediate repayment, forbearance Fees: Late fee Discounts: Autopay Eligibility: Must be a U.S. citizen or permanent resident and have already graduated with at least an associate degree from an eligible institution Customer service: Email, phone Soft credit check: Yes Cosigner release: After 12 months Loan servicer: LendKey Technologies Inc. Max. graduate Loan Balance: $175,000 Credible Review: LendKey Student Loans review Offers Parent PLUS Refinancing: No
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.1%+	N/A	7, 10, 15	$10,000 up to the total amount of qualified education debt	670
Fixed APR: 5.1%+ Variable APR: N/A Min. credit score: 670 Loan amount: $10,000 up to the total amount Loan terms (years): 7, 10, 15 Repayment options: Military deferment, loans discharged upon death or disability Fees: None Discounts: None Eligibility: Must be a U.S. citizen or permanent resident and have at least $10,000 in student loans Customer service: Email, phone Soft credit check: Yes Cosigner release: No Loan servicer: AES Max. Undergraduate Loan Balance: No maximum Max. Gradaute Loan Balance: No maximum Offers Parent PLUS Refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.49%+	N/A	5, 8, 12, 15	$7,500 to $300,000	670
Fixed APR: 5.49%+ Variable APR: N/A Min. credit score: 670 Loan amount: $7,500 to $300,000 Loan terms (years): 5, 8, 12, 15 Repayment options: Does not disclose Fees: None Discounts: None Eligibility: Must be a U.S. citizen and have and at least $7,500 in student loans Customer service: Email, phone, chat Soft credit check: Yes Cosigner release: After 12 months Loan servicer: PenFed Max. Undergraduate Loan Balance: $300,000 Max. Graduate Loan Balance: $300,000 Offers Parent PLUS Refinancing: Yes
Credible Rating Credible lender ratings are evaluated by our editorial team with the help of our loan operations team. The rating criteria for lenders encompass 78 data points spanning interest rates, loan terms, eligibility requirement transparency, repayment options, fees, discounts, customer service, cosigner options, and more. Read our full methodology. View details	5.29%+	N/A	5, 10, 15	$7,500 up to $250,000 (depending on highest degree earned)	680
Fixed APR: 5.29%+ Variable APR: N/A Min. credit score: 680 Loan amount: $7,500 to $250,000 Loan terms (years): 5, 10, 15 Repayment options: Academic deferment, military deferment, forbearance, loans discharged upon death or disability Fees: None Discounts: Autopay Eligibility: Available in all 50 states; must also have at least $7,500 in student loans and a minimum income of $40,000 Customer service: Email, phone Soft credit check: Does not disclose Cosigner release: No Loan servicer: Rhode Island Student Loan Authority Max. Undergraduate Loan Balance: $150,000 - $249,000 Max. Graduate Loan Balance: $200,000 - $249,000 Offers Parent PLUS Refinancing: Yes
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All APRs reflect autopay and loyalty discounts where available | 1Citizens Disclosures | 2College Ave Disclosures | 5EDvestinU Disclosures | 3 ELFI Disclosures | 4INvestEd Disclosures | 7ISL Education Lending Disclosures

Keep Reading: Can You Refinance a Student Loan to a 30-Year Term?

About the author

Dori Zinn

Dori Zinn is a student loan authority and a contributor to Credible. Her work has appeared in Huffington Post, Bankate, Inc, Quartz, and more.

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