Sallie Mae question
Posted by miranlopez11@reddit | studentloandefaulters | View on Reddit | 19 comments
70k of sallie mae loans. radio silence with them after defaulting. If i am sued do they have to serve me in person to be able to formally sue? That's what i am confused about. I live with parents, car is not in my name either. I do work though. My parents/siblings are well aware of not picking up the phones regarding me "wrong number". If they come to the house to "serve" parents/siblings will say they do not know where i am and they have not spoke to me in a long time and refuse the papers. Anything else that anyone could recommend regarding this please and thank you.
kittenqueen49@reddit
I believe there are states where they legally cannot garnish your wages. I don’t know if that’s worth looking into.
miranlopez11@reddit (OP)
I am in texas and texas is a state they cannot garnish your wages. they would have to sue and have a court order and had it enforced which works well for me lol. i already tried to refinance and my credit score is trash plus i am already deep into default so i am waiting out the SOL
One_Year_8859@reddit
What is SOL
miranlopez11@reddit (OP)
statue of limitation which is how long they have to sue you. every state statue of limitation for private loans are different. in my case since i am in texas its 4 years.
One_Year_8859@reddit
Thank you!!!!!
kittenqueen49@reddit
Well dang, good luck! Sounds like you are being strategic about your situation. I wish you the best!
miranlopez11@reddit (OP)
yes i am trying to be hoping and praying i can outlast the sol i will keep you guys updated lol
jatin_yadav_241@reddit
You’re right—wage garnishment laws vary a lot by state, and some states offer more protection than others. But for federal loans, garnishment can happen nationwide without a court order, while private loans need a judgment first. Checking out Yrefy could be worth it if it’s a legit refinance option, though those usually require good credit. And yes, talking to a student loan attorney (even for a quick consult) can save a lot of headaches down the road.
RecordingMountain585@reddit
They need to be able to properly serve you. If they cannot physically locate you and serve you, there may be other options to satisfy the court. I know in the state I used to live in taking out a newspaper ad was one way.
I had a case in the past completely dismissed because the plaintiff didn't serve me properly. It was never refiled.
miranlopez11@reddit (OP)
what do you mean taking out a newspaper ad? i am located in texas i need to look that up. i would think one would have to serve in person. because if they leave it at the door how can they "prove" that i live there still. it's all so confusing.
RecordingMountain585@reddit
Serving court papers via newspaper publication. This is the last resort.
I believe rules vary by district/state.
miranlopez11@reddit (OP)
Thank you! Also last question i went to school in a different state other than texas. The state where i went to school statue of limitations is 6 years which is what i used to take out the loan. However i reside in texas and the state of limitations is 4 years.
I am reading the promissory note and it states "The Lender is located in the State listed for the Lender on page 1 in the introductory paragraph of this Note and this Note will be entered into in the same State. Consequently, the provisions of this Note will be governed by federal laws and the laws of that State to the extent not preempted, without regard to conflict of law rules. However, the applicable statute of limitations period for all purposes under this Note (including the right to collect a debt) will be the longer period provided by the law of the State where the Lender is located or the jurisdiction where you live".
So that means that the statue of limitation would be for Texas correct?
jatin_yadav_241@reddit
Great question! Based on that clause, the statute of limitations will be whichever is longer—the lender’s state or your state of residence. So if the lender’s state SOL is 6 years and Texas is 4, they’ll use 6 years. These terms are common in private student loans, so unfortunately, moving to Texas doesn’t shorten it. If you’re near or past the SOL, be careful not to make any payments or acknowledgments that could reset the clock.
RecordingMountain585@reddit
Yes it's usually the state where you reside when the loan is taken out. They use that states SOL.
miranlopez11@reddit (OP)
Thanks so much!
Odd_Investigator_736@reddit
What was improper about how they served you?
jatin_yadav_241@reddit
Yes, for them to formally sue, you must be served—but the exact rules vary by state. In most states, if they can’t serve you personally, they can do substitute service (like leaving papers with an adult at your address or mailing them). Avoiding service usually doesn’t stop the lawsuit; it can lead to a default judgment, which is worse because they can garnish wages or freeze accounts without you ever fighting it. If possible, talk to a consumer rights or student loan attorney—they can advise on options like settlement or rehab before it gets that far.
TheToken_1@reddit
They would have to serve you, but you’re better off not trying to dodge service. They eventually could get an alternate service which you likely would not know about then they could get a default judgment on you and start garnishing your wages simply because you didn’t show up for court, considering you didn’t know about the alternate service.
miranlopez11@reddit (OP)
thank you!