Legal Question in Credit and Debt Law in Pennsylvania

Can PHEAA still try to collect after 20 yrs?

I borrowed for college in 1985. I began paying back loans and repaid 3,000 of the $5,000. I became disabled when I broke my neck in 1993 and receive Social Security Disability. I worked apx. 1 day a week for a while and they garnished my tax refunds for three years (apx. 3,500 more). I attempted to have the loan ''forgiven'' (their terminology) based on my disability. They sent forms and I returned them with documentation from Social Security and my doctor. They never replied. I re-submitted documentation several times; but they continued to attempt collection or just plain ignored my attempts to have this eliminated as was allowed by law. I finally had to fle for bankruptcy and everything was dischqrged except student loans. They had passed new law prohibiting discharge of student loans. I missed this by 2 months. I am now remarried and every year, IRS tries to keep my husband's tax refund. We have to file Injured Spouse Claim every year and this is very frustrating and time consuming. Last year, they actually sent the money to PHEAA and had to wait for them to send it back so my husband could get what was due him. I have actuallyu repaid more than the loans (apx. 6,500 or 7,000)they say I still owe apx. $6,000. Help!


Asked on 1/29/05, 8:15 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

Re: Can PHEAA still try to collect after 20 yrs?

I think you may have some remedies. The first and easiest is to contact them and try to negotiate a lump sum settlement. The second would be to seek discharge for hardship. I offer free consultations.

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Answered on 1/29/05, 8:45 pm


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