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If your primary borrower starts missing payments or payment due dates however the lender will contact you. Normally by the time the lender is contacting you the loan youve co-signed is already past due and your credit rating may have already taken a hit. Keep in mind too that any legal remedies a lender has at its disposal for pursuing a loan debt can also be applied to the co-signer. These legal remedies include assignment of the delinquent loan account to a debt collection service and a possible court action. For delinquent federal education loans the government may seek to garnish your wages or seize any income tax refunds you have coming your way. In addition delinquencies or a default on any loans on which youve co-signed will appear on your own credit report with all the same adverse effects as on the primary borrowers credit report.
In 1981 a minimum wage earner could work full time in the summer and make almost enough to cover their annual college costs leaving a small amount that they could cobble together from grants loans or work during the school year. 4. In 2005 a student earning minimum wage would have to work the entire year and devote all of that money to the cost of their education to afford 1 year of a public college or university. 5. Now think about this there are approximately 40 million people with student loan debt somewhere over the 1.2 trillion dollar mark. According to studentaid.gov seven million of those borrowers are in default that is roughly 18%. Default is defined as being 270 days delinquent on your student loan payments. Once in default the loan balances increase by 25% and are sent to collections.
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10. After 25 years of repayment the remaining balance was forgiven. In 1996 the Debt Collection Improvement Act of 1996 allowed Social Security benefit payments to be offset to repay defaulted federal education loans. 11. In 1998 the Higher Education Amendments of 1998 struck the provision allowing education loans to be discharged after 7 years in repayment. 12. In 2001 the US Department of Education began offsetting up to 15% of social security disability and retirement benefits to repay defaulted federal education loans. In 2005 "the law change" as we call it in the Bankruptcy field further narrowed the exception to discharge to include most private student loans. Since private student loans were given protection from discharge in bankruptcy there has been no reduction in the cost of those loans.
Student loans are basically non-dischargeable almost everyone knows this. There are some very specific circumstances where even today you can have your student loan debt discharged but that is a narrow exception that often requires a fight and money to fight. We will discuss the current state of dischargeability in a future post. The landscape around student loans and bankruptcy has not always been so desolate. Not so long ago these loans were dischargeable. Back when they were dischargeable the cost of an education was much lower and the total student loan debt was a fraction of what it is now. With student loan debt currently being a 1200000000000.00 (One Trillion Two Hundred Billion) dollar problem holding people back from purchasing homes or taking part in the broader economy with a little help they may become dischargeable yet again.