Legal Question in Credit and Debt Law in North Carolina
I am 60 yrs. old.with a student loan debt. I am currently in default. Is there a age limit to when I can be released from my debt?
2 Answers from Attorneys
It depends on facts which you do not mention. Is this a federal student loan or a private student loan? If federal, there is no statute of limitations. The loan stays with you until you die or you meet some kind of hardship (very hard to do).
If its private, then the question will be when the loan went into default. Statute of limitations would apply to private loans and in most cases the statute is 3 years (for loans made in NC) unless the promissory note was made under seal in which case its ten years. To be under seal the note usually contains language like "wherefore I have set my hand and seal this ___ day of ____" and our signature may be notarized.
Other states have different periods of limitations - can be 4, 5, or 6 years (6 seems to be more common) and some states its even longer. Best to let an attorney look over the documentation and advise the attorney of the date of your last payment. There are other wrinkles too - like tolling. Or the note itself may provide that it is governed by the law of a particular state.
Ms. Hunter is correct. There is nothing that says if you are 80 years old, 90 years old, or any specific age that you can be released from your debt.It is also very difficult to get a student loan discharged in bankruptcy. You should seek out and speak to an attorney experienced in student loans and bankruptcy for a comprehensive consultation. If discharge in bankruptcy is impossible (and it may very well be unless you are in extremely poor health and have very little income), you might be able to do a Chapter 13 bankruptcy which would at least stop the collection calls. You should certainly apply to your loan servicer for all types of available relief. If these are Federal loans you might be able to rehabilitate the loans and get on a payment plan that is based in part on your income.
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