Legal Question in Credit and Debt Law in Nevada
Out of Statue debt collection
Hello,yes I need to know if a third party collection agency can collect on a student loan that has not had any payments on it for over six years? This agency name is XXXXXX XXXXXX. They are trying to collect on a student loan that my husband owes. It was sold to them by XXXXX, a goverment agency. This loan is from 1986 and my husband was kicked out of the training due to a man running up a phone bill and blaming it on him. He never even got to complet the truck driver training and he was completly kicked out of the motel the school had him in, this is right after he got out of the hospital dur to an emergency apendix surgery while in the training, he almost died, He was not even in the hotel at the time, can you please help me, we are going crazy? This has been haunting us for 20 years and we will make payments and than stop because we are so upset over it all. Now we have been hiding grom the collection agency's because we are not willing to pay any more money. It has been 6 year's since the goverment agency had a payment from us, so they sold the account now to a third party. The debt was six thousand dollars and now 18.000. Now this agency said they are going to garnish on the judgment from the loan.
2 Answers from Attorneys
Re: Out of Statue debt collection
Typically student loans are government guaranteed, which means they cannot be discharged in conventional ways more often than not, i.e. statute of limitations, bankruptcy, etc...However, such loans may be subject to negotiated settlement in some cases. If you would like prompt, affordable legal assistance here, contact us directly for a free phone consultation.
Re: Out of Statue debt collection
Section 484A(a) of the Higher Education Action provides that no statute of limitations bars enforcement action to collect Federal student loans, including collection by offset, lawsuit, or enforcement on student loan judgments. 20 U.S.C. � 1091a(a). State law that would otherwise limit these actions is superseded by Federal law and cannot bar collection action.
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