Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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School Loan issue

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  • School Loan issue

    Here is what I have going on.........I recently recieved a notice from a collection agency regarding a school loan from a community college that I,very briefly attended,over 20 years ago. This is not a federal student loan but one that the college gives you to get started in classes. I enrolled and then things changed and I couldn't continue to go so I had to withdraw from all classes.I was there maybe 2 or 3 weeks. A few years ago I got a notice directly from the school and they managed to get my state tax return for 2 years (which didn't amount to much)but they didn't take it last year. They said that I didn't withdraw by the deadline which was required....I disagree and told them that. They did offer a settlement but it didn't take much off the balance and I couldn't afford it at the time. So now a notice from a collections agency........I called them and discussed a settlement. They said that the school will not accept any settlement and that this is considered a student loan (no it isn't). I did tell them that I would pay half just to make this go away (the total is only 900.00 and change) and they again said the school will not accept any settlement. I hung up with them and contacted a local attorney who handles bankrupcies and he laughed and said "make them come after you". I am in Iowa and this is over 20 years old (probably closer to 25) and by what I am reading about the law here I don't think they can even collect it. The collection agency is in Tennessee. Any input in this would be great!--Thanks!

  • #2
    If they garnished your tax return, there must have been a judgment awarded. Do you remember being sued? If not, then it's time to investigate how a judgment was obtained without you being served. Depending on your state laws, you may be able to have the default judgment vacated on the grounds that you were never served. If the lawsuit took place 2 or 3 years ago for a debt this old, that is a violation of the FDCPA, as even a student loan would be past the SOL (unless federally funded). It sounds like there might not have even been an actual student loan, as courts have upheld the notion that a tuition payment plan through a college or university is not a student loan.

    Good luck.


    • #3
      Never recieved any type of judgement. When they took the tax return I asked them about it and apparently state law allows this....a letter followed a short time later detailing the state law. I was also mistaken......they did take the state return last year too but since it has been turned over to collections now I doubt they will get it again this year. State law allows them to take state taxes but federal law does not allow them to take federal tax returns. By what I am being told the collection agency is the only one that can do anything with this once they recieve it. I also find it hard to believe that they can't take a settlement. This whole thing sounds like they are trying to collect anything they can....even though legally thay can't force the issue. Any more input on this would be appreciated!


      • #4
        You live in Iowa, and the school is in Iowa? I am not aware of any state law there that would allow for garnishing a state tax return to pay unpaid tuition/fees without requiring a judgment. I also cannot believe that this type of debt would have no statute of limitations, which is what they must be claiming if they're still trying to collect 20+ years later with no judgment.


        • #5
          Thats probably why the attorney I talked to laughed and told me "let them come after you"! I think that they are just trying to see if they can get anything even if the statute is long expired.....but they still wouldn't accept a deal so I don't know what they are trying to do.


          • #6
            By what I have recieved for responses so far I am guessing I don't need to worry about this....


            • #7
              A whole generation of Brits now have student loans. Anyone who started higher education since 1990 has been eligible - so even those who graduated 20 years ago could still have them.
              Sadly many of these four million people have had little, if any, education on these matters - for loads more info on how this can be rectified, see the full Financial Education Campaign section.
              The way student loans work varies radically depending on WHEN you started higher education.


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