Straight From The Department Of Ed’s Manual - Suspending And Stopping Student Loan Collection Activities
Student loan debt is perhaps the most grueling, tiresome kind of debt that you can owe. For you to go to school, Uncle Sam has doled out money, and he fully expects to get that money back. Unlike most other loans, federal student loans are extremely hard to discharge in bankruptcy. A man that drove to Vegas and gambled himself into foreclosure has a much higher chance of being able to walk away from the situation than a student who borrowed money to go to school. Additionally, federal student loans have no statute of limitations and can be collected even from debtors’ Social Security Payments after they retire.
So what do you do if you are a student fresh out of school struggling to make ends meet? Get educated, again. A Collections manual, 2009 PCA Practices, was temporarily published on a public section of the Department of Education’s website. A guide for the private collection agencies that work with the Department of Education, this manual can prove to be a valuable resource for former students who are attempting to learn more about paying back their student loan.
This article is founded on what I have learned from the manual, and it hones in on the rare circumstances under which collection activity may be suspended on a student loan account. It also goes into how you would go about ceasing collection activity on your student loan if you really wanted to. According to the manual, collection agencies must immediately suspend collection activity on an account if the borrower disputes the amount that is being owed, for example, claiming that the debt was paid off, was never owed, or should have been canceled.
Collection activity has to be immediately suspended if the borrower raises a legal defense against repayment. These might include an ability to benefit, a closed school, or circumstances under which the Department of Education may not be permitted to pursue collection. If the borrower receives a 65 Day Notice of Federal Offset, or 30 day Administrative Wage Garnishment notice, and requests a written review or hearing in response, the collection agency needs to suspend collection activity. Finally, if the borrower files a written or verbal complaint against the collection agency, collection activity must be suspended.
Unlike suspension of collection activity, which is non-permanent, ceasing collection activity is non-temporary. If you want your student loan collection agent to cease contacting you, you must request in writing that the collection agency stop all communications with you. In these cases the collection agency is allowed to contact you one final time to let you know how they plan to proceed. Keep in mind that requesting that collection activity on your student loan be stopped is not a very good idea, as after the section on ceasing collection activity comes a section that informs the collection agency that the Department of Education expects the collection agency to evaluate the accounts with these requests for litigation. So even though you may experience a period of peace, that one final phone call you receive very well might be to inform you that you are being sued for all of the money you owe.
Mallory Megan works for Rapid Recovery Solution and writes articles on commercial collection agencies.
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