Get Out of Student Loan Debt

Explore Student Loan Debt Relief Solutions

Student loan debt is all over the news because it’s at an all-time high. It’s a huge burden on every borrower and is the second-highest source of consumer debt next to mortgage debt.

If you default on your federal student loan, the entire balance of the loan (principal and interest) becomes immediately due. This is called acceleration. Once your loan is accelerated, your loan holder can begin collecting on your loan by taking money from your wages or your federal payments (such as tax refunds).

Never Pay for Help with Your Defaulted Loan

If you are contacted by a company asking you to pay "enrollment," "subscription," or "maintenance" fees to help you get out of default, you should walk away.

The latest on Biden administration’s mass student loan cancellation

As announced on Aug. 24, 2022, the federal government is offering nationwide forgiveness of up to $20,000 per borrower for federally held student loans. The eligibility requirements are straightforward:

Income limits: If your annual income during the pandemic was under $125,000 (individuals) or $250,000 (married couples of head of households), you might be eligible for up to $20,000 in federal student loan cancellation if you previously received a Pell Grant $10,000 in federal student loan cancellation if you didn’t have a Pell Grant.

Qualifying period: Forgiveness will reportedly apply only to loans taken before July 2022.

Loan types: As of Aug. 29, only federally held student loans were eligible. This would exclude Federal Family Education Loans (FFEL) and Perkins loans.

The Department of Education says the application for student debt cancellation should be ready in enough time to file before the end of 2022. However, approximately 8 million borrowers may receive automatic relief since their income data is already in the system.

Repayment Freeze Extended

Meanwhile, the Department of Education has extended the current freeze — also referred to as the administrative forbearance — on repayment, interest and default for federal student loans until Dec. 31, 2022.

Although the repayment pause has been extended seven times, the Biden administration said this will be the final extension. Make sure your contact info is up to date with your loan servicer and on your studentaid.gov profile to ensure you don’t miss notifications regarding future payments.

Failure to Make Payments

If you fail to make (and comply with) other arrangements to repay the debt, which could include entering into a loan rehabilitation agreement, ED can use a variety of methods to collect your defaulted federal student loan. Find out more about getting out of default.

The government can collect your debt by withholding money from your income tax refund, other federal payments or your wages.

Before the offset begins, a notice of intent to offset will be sent to your last-known address to inform you that the offset is scheduled to begin in 65 days. The notice may only be sent once, and offsets will continue until your debt is paid or the default status is resolved.

You can avoid offset by:

• Entering into a repayment agreement
• Making your first payment during the 65-day period, and
• Making your payments each month after that.

You also have the right to request a review of your account to prevent the offset from occurring. If you are successful, then your tax refund and other federal payments will not be offset, or the amount being offset may be reduced. If you are unsuccessful, then your tax refund and other federal payments will be offset.

Withholding From Wages

Your loan holder can order your employer to withhold up to 15% of your disposable pay to collect your defaulted debt without taking you to court. This withholding (“garnishment”) continues until your defaulted loan is paid in full or removed from default.

With garnishment, you have the right to:

• Be sent a notice that explains ED’s intention to garnish your wages in 30 days, the nature and amount of your debt, your opportunity to inspect and copy records relating to your debt, your right to object to garnishment, and your option to avoid garnishment by voluntary repayment;
• Be given an opportunity to enter into a written agreement under terms agreeable to ED to establish a voluntary repayment agreement.
• Be given an opportunity for a hearing to present and obtain a ruling on an objection to the garnishment (see below for the kinds of objections you may bring to a hearing);
• Have the garnishment action withheld by filing a timely request for a hearing, until the hearing is completed and a decision issued;
• Not be discharged from employment, refused employment, or subjected to disciplinary action due to the garnishment;
• Initiate any legal action against your employer if the employer discharges, refuses to hire, or takes disciplinary action against you based on the garnishment action; and
• Not have any information provided to your employer about the garnishment other than what is necessary for the employer to comply with the withholding order.

Avoiding Withholding from Wages

• Negotiate Your Loan Repayment
  One way to avoid garnishment of 15% of your disposable pay is to negotiate repayment terms acceptable to your loan holder and ensure that ED receives the first payment no later than 30 days from the date the garnishment notice was sent.
• Get a Hearing
  Your other option to avoid garnishment is to make a request for a hearing. You have the right to request a hearing and get a ruling on any objection you have to the existence, amount, or enforceability of the debt; any objection that garnishment of 15% of your disposable pay would produce an extreme financial hardship; or any objection stating that garnishment cannot be used at this time because you’ve been employed for less than 12 months after having previously been involuntarily separated from employment.

Here are three steps you should take to get a hearing

• Make a hearing request in writing, postmarked no later than 30 days from the date the garnishment notice was sent. You should request a hearing even if you are still in the process of requesting copies of your documents, because requesting documents doesn’t delay a garnishment order.
• Provide proof to support any objection made to the existence, amount, or enforceability of the debt, or financial hardship.
• Pay any expenses you incur to obtain legal representation and to attend an in-person hearing.

Note: All in-person hearings are held at one of the three regional offices: Atlanta, Chicago, or San Francisco. You are responsible for the cost of attending and the cost of any witnesses that attend on your behalf.

Your loan holder will arrange the hearing. The hearing may be held in person or on the phone or may be based simply on records you submit to make your case.

A decision about whether your wages will be garnished will usually be made within approximately 60 days from the day that your hearing request is received.

What are your options?

Fortunately, there are several student loan debt relief options for borrowers. Figuring out which option works best for you will depend on how much is owed, if the lender is federal or private, and your credit score.

1. Refinancing student loans

Refinanced student loans are when multiple loans, either federal and/or private, have been combined into a single loan with a new and, ideally, lower rate from a private lender. The federal government does not offer refinancing of federal loans; refinancing can only be done through a private lender—which has its perks, but also a few potential drawbacks.

2. Refinancing might be for you if

• You currently have multiple private loans with variable rates.
• You aren’t eligible for any federal loan forgiveness programs.
• You have good credit (or a cosigner).
• The refinancing loan interest rate is considerably lower than your current loan rate.

3. Consolidating student loans

The term consolidation is commonly used in reference to combining federal student loans while refinancing refers to combining private student loans—at least, according to StudentAid.gov. In other places, the terms refinancing, and consolidation often get used interchangeably and can apply to private or federal loans.

In the case of federal loans, consolidation is more of an organizational tool to make repayment more manageable, rather than more affordable. Both types of student loans can technically undergo student loan consolidation, though the process differs significantly depending on the type.

Federal loans

Federal student loan consolidation only allows for federal loans to be combined and are done so through a Direct Consolidation Loan. It doesn’t provide a lower interest rate (in fact, that rate applied to a single balance could actually be higher than some of your original balances). However, it’s useful if you have multiple federal loans offered by different loan servicers or a different federal loan program, or want a longer repayment period. Direct Consolidation Loans can provide up to 30 years to repay rather than the standard 10 years.

Here’s how it works: All federal loans are combined into a new federal loan which gets a new fixed rate interest rate. Unlike with refinancing, a consolidated federal loan rate is determined by a weighted average of each individual loan’s rate which is rounded up to the nearest 1/8%.

Keep in mind that consolidated federal student loans can be refinanced with a private lender at any time. If circumstances change where the benefits of federal loans are no longer applicable to your situation, converting them to private loans through refinancing might offer significant savings.

Consolidating federal loans through federal loan servicers might be for you if you

• Need more time to pay off your loans
• Want a student loan with a fixed interest rate
• Have multiple federal student loans and only want to make one monthly payment
• Work in a field that’s eligible for federal student loan forgiveness programs
• Have poor or no credit

Consolidating Private loans

Private student loan consolidation works similarly to credit card debt consolidation. A borrower applies for a consolidation loan through a bank, credit union, or other private company. Applicants will need good credit to be approved. Multiple loans can be included including federal loans (which effectively turn that into a private student loan).

The new private lender will then typically disburse funds directly to the servicers of those individual loans. Those loans will be paid off and marked as closed (which could ding your credit score). You will then pay the new lender for the total amount with a new, market-based interest rate that can be variable or fixed. Remember, variable rates have the potential to have higher monthly payments than the original loans.

Consolidating loans through private lenders might be for you if

• You have multiple lines of credit of a similar age to your student loans.
• Your student loans are mostly private.
• Market interest rates are considerably lower than your original loans at the time of signup.
• Work in a field that’s eligible for federal student loan forgiveness programs.
• You have good credit.

Student loan forgiveness

There are several student loan forgiveness programs available to those who work in specific career fields such as teaching, nursing, or the military; reside in specific areas; work for a non-profit or serve public interest. The most well-known program, Public Service Loan Forgiveness only works for federal loans. However, some lesser-known programs can forgive private student loans, but may not be offered directly by the loan servicer. Instead, they may be offered by educational institutions, volunteer groups, or other organizations related to a certain trade.

Cancelling student loans

Cancellation and forgiveness are almost synonymous in the student loan space. Both have similar results where the borrower is no longer responsible some or all of their student loan.

The biggest difference between the two is that in most cases, cancellation allows for debts to be erased nearly outright. Forgiveness programs typically require meeting an income requirement, proving financial hardship, working in a certain profession, or having student or military status. Cancellation doesn’t require borrowers to apply or jump through nearly as many hoops to have the debt wiped. It’s more closely akin to student loans being discharged.

TYPES OF STUDENT LOAN RELIEF PROGRAMS

Whether you hold federal or private student loans, if your status or circumstance meets certain criteria, your student loans may be eligible for relief in the form of forgiveness, cancellation, or discharge. What those types of relief entail and how to qualify for one or the other can vary between federal and private loan servicers, and then can vary further still amongst private institutions. Below are the specifics about qualifying for different types of student debt relief.

Federal student loan forgiveness programs

All federal student loans can be eligible for a forgiveness program, and they can apply to both subsidized and unsubsidized loans, direct or consolidated. Unfortunately, it does not apply to defaulted loans. Borrowers need to apply for a program to have debts forgiven, loan forgiveness programs do not take place automatically.

Public Service Loan Forgiveness (PSLF)

A very popular way to get student loans forgiven is via the Public Service Loan Forgiveness (PSLF) program. PSLF provides loan forgiveness to those who:

• Work full-time for the government or a non-profit organization
• Made 120 qualifying monthly payments towards direct federal student loans.
• Private student loans are not eligible for PSLF, nor can PSLF overlap with other forgiveness programs even if an individual is eligible for more than one.

Professions that are eligible under PSLF include

• Firefighters
• First responders & EMT
• Military
• Nurses
• Police officers
• Teacher loan forgiveness Most teachers find themselves eligible under the PSLF program. The National Defense Education Act (NDEA) allows full-time, state-certified teachers with a bachelor’s degree who have worked for five consecutive years (one of which was during the 1997-1998 academic year) in low-income elementary, middle, high schools or an educational service agency can have up to $17,500 in student debt forgiven - subsidized or unsubsidized. Eligibility includes Loans originated before the end of the qualifying years of teaching service.

Exceptions Includes

• Completed at least half of the academic year.
• Your contract requirements have been fulfilled or you were unable to complete the year because of the following acceptable reasons.
• Returned to postsecondary education at least half-time for an area of study directly related to teaching.
• A condition covered under the Family and Medical Leave Act (FMLA).
• Called to active duty for more than 30 days.
• Non-federal student loan forgiveness programs.

Student loan forgiveness programs that are not part of either federal government or private lending establishments. Issued by third-party organizations, these programs often cater to those who work in specific professions, work with specific communities, or have a protected status such as military or disability; and can apply to both federal and private loans.

• Clinical medical researchers.
• Non-profit lawyers.
• Occupational and physical therapists.
• Veterinarians.
• Volunteers – offered by AmeriCorps, AmeriCorps VISTA, and the Peace Corps.

Student loan cancellation

The only formalized type of federal student loan cancellation is Federal Perkins loan cancellation. It applies to Perkins loans which were low-interest federal loans offered to undergraduate and graduate students with the greatest financial need (the program was discontinued in 2017). All or partial loans may be canceled for those who had eligible teaching employment or volunteer service.

If approved, any negative credit remarks due to delinquency or default payments may be deleted from your record. You may also get a reversal of the default status and receive a refund for any payments made towards the loan.

Perkins Loan Teacher Cancellation

The Perkins loan teacher cancellation program offers up to 100% loan cancellation to eligible teachers. It’s a tiered program that offers different amounts of student loan debt cancellation depending on the number of years of service.

• 15% canceled per year for the first two years of service.
• 20% for the third and fourth years.
• 30% canceled for the 5th year.
  The canceled debt also includes any accrued interest.

Eligibility criteria for teachers

• Work full-time in a public or non-profit elementary or secondary school.
• Provide direct services related to classroom teaching (i.e. school librarians or guidance counselors).
• Serve either low-income families, children with disabilities, or specific fields of expertise where there’s a state shortage (i.e. science or lingual education).
• Are directly employed by the school system.
• Teachers are not required to be certified or licensed in order to be eligible for Perkins loan cancellation.

Other types of Perkins loan cancellation

There are several other types of employment that can qualify for partial or full Perkins loan consolidation which follow the same loan cancellation tiers (15% canceled for years one and two; 20% canceled for years three and four; or 30% on year five).

• Eligible professions/fields include.
• Early childhood education provider.
• Child or family services agency.
• Faculty at a tribal college or university.
• Firefighter.
• Law enforcement officer.
• Librarian with master’s degree at Title I school.
• Medical technician.
• Military service.
• Nurse.
• Public defender.
• Speech pathologist with master’s degree at Title I schools.
• Volunteer service (AmeriCorps VISTA or Peace Corps).

STUDENT LOAN DISCHARGE PROGRAMS

Discharges can apply towards federal direct loans, FFEL loans, and Perkins loans, though some may not apply towards all three. Federal student loan discharge programs are distinct in that they’re tied to circumstances beyond a person’s control. These include:

Bankruptcy – Uncommon and is not automatically applied

Borrower defense repayment – If your loans were related to an educational service that your school failed to provide (only available for direct federal loans)

Closed school discharge – If your school closes while you’re enrolled or soon after you withdraw

Death – Direct and Parent PLUS Loans may be discharged upon proof that the student for whom the loans were taken out has died

False certification discharge – If the school falsely certified your eligibility to receive a loan (not applicable to Perkins loans)

Forgery discharge – For eligible loans fraudulently made using your name

Total and permanent disability discharge (TPD) – Veterans who can provide proof of total and permanent disability will be relieved of all obligations to repay their loans

Unpaid refund discharge – If you withdrew from school and the institution didn’t return required loan funds to your loan provider (not applicable to Perkins loans)

Borrowers that meet eligibility criteria can apply to have their loans discharged by contacting their loan servicer.

What’s the difference between student loan forbearance and deferment?

The primary difference between the two is whether interest accrues during these paused payments. Whether forbearance or deferment waives interests along with monthly payments can depend on whether the loan servicer is federal or private.

With federal student loans, forbearance is the option where interest will accrue. Borrowers get a temporary respite from monthly payments but will continue to be charged interest which will be added to their total balance. This option is available for subsidized and unsubsidized federal loans.

Deferment will not cause interest to accrue (therefore, federal student loan balances will not increase) but it is only available on subsidized student loans.

Those same rules don’t apply to private student loans, however. In some cases, both forbearance and deferment will charge interest but this can vary from institution to institution.

Different student loan repayment plans & who’s eligible for them

The following repayment plans are available for all federal student loans. Plans are typically for a 10-year payment period, though consolidated debts may have repayment periods of up to 30 years. Private student loans may not offer these repayment options.

It’s important to note that you’re not locked into a plan once you choose it. You’ll start standard repayment by default, but you can change plans as often as you like. Say that right out of college you get a job with a great salary and feel confident that you’ll be able to grow with the company. You might opt for the graduated repayment plan. However, if something sudden happens where you move to a different job with a lower salary, you can change to Pay as You Earn.

STANDARD REPAYMENT

The standard repayment plan is the default for federal student loans. It includes fixed payments made for up to 10 years. Direct and FFEL consolidated federal loans also offer an option that extends repayment to up to 30 years—the precise number of years will depend on total education loan indebtedness. This plan generally has the highest monthly payments (initially) but generates less interest so it will cost less over the entire life of the loan.

INCOME SENSITIVE STUDENT LOAN REPAYMENT (ISR)

What is ISR?

Income Sensitive Repayment (ISR) is a federal student loan repayment plan designed specifically for FFEL loans, PLUS loans and consolidation loans and Stafford loans (subsidized or unsubsidized) and consolidates them into a single monthly payment.

• There is no requirement to include all FFEL loans, so you can decide to leave some out if you choose.
• The loan servicer determines the interest rate on your ISR by taking a weighted average of the rates on all included loans then calculates your monthly payments based on income and family size.
• You must recertify your income and family size each year so your monthly payments may change. You should expect your payments to increase if your career advances or an increase in income.
• An ISR has a 10-year term. This means you make 120 payments to achieve eliminate all your FFEL student loan debt.

Before considering an ISR

• ISR does not qualify you for PSLF - PSLF forgives part of your debt after 10 years of making payments on an approved hardship repayment plan. However, ISR eliminates your FFEL debt in-full within 10 years, so there would be nothing to forgive after 120 payments.
• An IBR may be less expensive .
• ISR is subject to change.

IDRs require you to re-apply each year, so your monthly payment may change depending on changes to your salary or household size. Income-driven repayment is helpful for students who are still job hunting before their grace period ends or those who paychecks are being used to take care of their dependents.

Types of student loans that qualify These debts can be consolidated

As with any other consolidation program, you have to have federal student loans to qualify for Pay as You Earn. This specific program is only available to students themselves, so if you’re a parent who took out a PLUS loan for your child’s education, then you can’t use Pay as You Earn.

For students, you can consolidate these types of loans with Pay as You Earn

• Direct subsidized loans.
• Direct unsubsidized loans.
• Student PLUS loans.
• Individual loans originally consolidated under a Standard or Graduated repayment program.
• Income-based (IBR).
• Income-contingent (ICR).
• Income sensitive.

In an IDR plan, a monthly payment amount is determined by your current income level and the size of your family. The payments on an IDR can be considerably lower than those of standard repayment plans. In some cases, low-income borrowers can have monthly payments as low as $0 a month.

Income-driven repayment is beneficial for students who haven’t found a job before their grace period has ended or whose paychecks are primarily going towards taking care of their dependents and making ends meet. IDRs require you to re-apply each year, so your monthly payment may change depending on changes to your salary or household size.

Graduated repayment plans

Graduated repayment plans start low with lower payments than the standard repayment plan. However, the payments increase over time to a maximum of three times any other payment. These plans are based on 10-year repayments except for consolidated payments which can be extended for up to 30 years.

Unlike IDRs, payments under a graduated plan will increase every two years regardless of your financial status. This can be a beneficial option for those who have a low starting salary out of college and want the breathing room to pay more once they’ve had a chance to become more established. Minimum payments will never be less than the amount of interest accrued so graduated payment plans also cost less than IDR over the course of their lifetime[10].

Extended repayment plans

As its name implies, the extended repayment plan simply provides a longer repayment period, from 10 to 25 years. This plan allows for lower monthly payments but will result in more interest being accrued over the loan’s lifetime—making it more expensive in the long run. Still, if you’re looking to make student loan payments more affordable without worrying about a sudden jump in your monthly payment or having to reapply, this could be the repayment option for you.

The extended repayment plan is available to those with over $30,000 in federal loans. If you have multiple types of federal loans (e.g. direct and FFEL), only that type that meets the minimum threshold can be considered for extended repayment. Loans from different programs may be combined using a federal direct consolidation loan[11].

Do student loans affect your credit score?

Yes, student debt affects your credit score—but it’s not always negative. They are often a vital source a consumer’s credit history.

They’re an example of “good debt”; they typically have low-interest rates and represent an investment in your future (a college degree can increase your lifetime earning potential) Making on-time payments will add positive remarks to your credit history and show other lenders that you’re reliable.

How student loans hurt your credit

They are included in your debt-to-income ratio. If your DTI is too high, it can make it difficult to get approved for large loans like a mortgage Monthly student loan payments can take up a significant chunk of your income Missed payments will cause negative remarks on your credit score.