Going to default on 175k of Sallie Mae loans soon.
Posted by brokeboii94@reddit | studentloandefaulters | View on Reddit | 9 comments
I took out Sallie Mae loans for grad school from 2020-2023. I got these loans without a co signer but the catch is that the interest rate is absolutely ridiculous at 15%. What started as about 105,000 over 3 years turned into 175,000. I got a 6 month grace period after graduation and a 6 month forbearance but I have a feeling they aren’t going to let me delay payments anymore. They are asking me to pay them $2500 a month which is more than my rent and is about 70% of my take home pay. I simply can’t give them what I don’t have. I’ve been trying like hell to get a better paying job but the job market is terrible right now. I’m just barely breaking even with the income I do have and I don’t live a very lavish lifestyle at all. I have no assets and live in a small one bedroom apartment. Even if they garnished me, it wouldn’t even cover the interest on the loans. I’m not sure if I should try to settle or consider working something out in bankruptcy.
IllustratorBrave3777@reddit
I highly suggest going forward with the bankruptcy. I filed for chapter 13 and had an adversary proceeding. My lawyer made an agreement with Salliemae to lower my payments to $150 a month with 0% interest. It was a long process but it was worth it in the end.
morbie5@reddit
How much of the balance was knocked off?
-CrlmsoN-@reddit
Which state? If you live in Pennsylvania, Texas, North Carolina or South Carolina. They are the few states that do not permit wage garnishment on consumer debt (with private student loans being consumer debt). Also, depending on your state, you could attempt surpassing the statute of limitations. Doing so, means that you can't effectively be sued to collect on the debt anymore. That's basically what I did. Also had $100k in Sallie Mae loans. Living in Pennsylvania (where the loans also originated). PA statute of limitations on consumer debt is 4 years and the state doesn't permit wage garnishment on consumer debt. I didn't have any assets at the time. So I took the plunge and strategically defaulted. Got any more purchases out of the way that relied on credit and just stopped paying. Credit score took a massive hit and I got a lot of calls from Sallie Mae in the first 6 months, but after about 6 months they sold the debt to a collections agency who also proceeded to make calls and send letters. But it was pointless to sue me as there was nothing I had of value, so they couldn't do anything. After around the 2nd year, I rarely heard anything from the collections agency. I defaulted back in 2018. It's been 8 years since then. I made it past the statute of limitations so I can't be sued for it anymore and it's been 7 years, so the default has fallen off my credit report. When I defaulted, my credit score dropped down to around 580. Now it sits at 797.
Also don't beat yourself up. Debt slavery really is just that. If I hadn't defaulted, I'd still be in the same spot as where I was (living with my parents) because the costs of the loans relative to wages in my area would have made it impossible to otherwise move. Ever since defaulting, I've moved to a much better area with better wages. I've paid off other debts like my car and really the only thing I still owe are federal student loans, but those are much easier to work around. I've started putting my savings into investments and in general my quality of life has significantly approved.
I'd consider strategic default as an option. Also, Sallie Mae are unlikely to agree to any kind of settlement until after you default. Bankruptcy is an option too, but really should be the ultimate last resort. Like you said in a previous comment if Sallie Mae were somehow successful in getting a judgement to garnish your wages (keep in mind because it's a private student loan, they can't just automatically start garnishing your wages. They have to actually take you to court first, win in said court and then actually enforce the garnishment). You are one of hundreds of thousands of people in the same position. While the chances aren't 0%, it's also heavily unlikely that Sallie Mae will take this course of action. Much cheaper to just continuously call you or try and guilt/threaten you into paying. If you default, then you'll gain leverage. But also keep in mind that Sallie Mae are aware of statute of limitations on debt, so they will be happy to settle debt if it keeps you on the hook and away from the statute of limitations as any sort of agreement with the lender resets the time on the SOL. So for example, lets say you default and for 3 years you hear nothing from Sallie Mae or a collections agency, until one day you do hear back and they offer to settle your debt, bringing it down to $70000. If you agree to this, then the SOL time would reset back to 0...even if your state's SOL were 4 years or something. So you managed to settle, but you were so close to surpassing the SOL that you kind of screwed yourself over.
Just stuff to consider! This sub actually really helped me make the decision to strategically default and I don't regret it at all.
morbie5@reddit
I disagree with this. I'd say the odds are over 50% that they sue considering how big of balance this is. You got lucky because you live in PA
If OP defaults and is offered a settlement of like 70k and a low interest rate then I'd 100% recommend taking it. That would be a very good deal imo.
Not having a cosigner helps OP a lot tho
atarchived@reddit
Bankruptcy lawyers often can help with collections process and defaulted debt even before you file so I would maybe reach out to one for a consult. They can give you the best idea of what you can expect based on the state you live in.
From the sounds of it, you’re not really sue-able if you have a low income, no assets, no co-signer, etc. In my opinion this should give you some degree of hope. Now, this is a large balances, so they might decide to pursue a lawsuit. But a lot of other things will happen before that point even.
Have you read the defaulters guide pinned to this sub? It pretty much breaks down how default works, what will start happening, the different options you can consider, etc. Highly recommend reading that while you wait to hear from a lawyer to help ease your mind. People do this all the time, defaulting on debt isn’t a moral shortcoming. You are not a loan and you deserve to have a fruitful life.
brokeboii94@reddit (OP)
Definitely makes me feel like I’ve failed. Having said that they really can’t take much from me relative to what I owe. If they decide to come after my wages anyway, I may have no choice but to file because I couldnt afford a garnishment since I break even with my current expenses
atarchived@reddit
I hear you. It’s normal to feel that way but try to remeber this isn’t a moral failing. It’s just a financial system and our society has created so much shame around it whole simultaneously building a system that makes it impossible to borrow/pay back in good faith. It’s fucked up!
brokeboii94@reddit (OP)
Believe me I would and I’ve been trying to find a way to do just that. Living expenses have to come before paying back any debt
ConsoleModded@reddit
You didn’t fail. These student loans are the absolute definition of Usury, and Usury is a sin. So you’re doing the right thing by not paying into them.