Outlasted SOL Against Navient
Posted by TitusXd40@reddit | studentloandefaulters | View on Reddit | 65 comments
So I had about $15,000 worth of loans through Sallie Mae that eventually went to Navient. Around the start of 2019, I could not afford to pay anymore so I just focused on my federal loans. I found this subreddit at that time and it helped me decide what route to go. I stopped all contact with Navient, ignored all calls and stopped logging in to my account.
I just received a letter today for each loan (I had 2) from Asset Recovery Solutions and at the bottom, after they offered to settle for a total of $2,500, there was a note that said 'The law limits how long you can be sued on your debt. Because of the age of your debt, Navient cannot sue you for it.' For SOL purposes, I am in Pennsylvania. I'll attach a link to the letters that I received with that note.
I'll be keeping the letters for a little while because I finally feel like I won against them. I can't tell you how many times I tried to get help and they still wanted money just to process any assistance. Hopefully someone else who was in my shoes will see this post and see that there is still light at the end of the tunnel.
Futurepriest85@reddit
Awesome!!! So stoked for you. I have 260k ish of private navient loans that I’ve been paying on for a little under 18 or so years. Stopped paying a little over a year ago….3 years left in California for my SOL to run out. Really hoping since it’s such a high amount that I won’t be sued as well 🙏🏼🙏🏼🙏🏼
LavaMonsterrrr@reddit
Any updates?
ReturnOfSeq@reddit
IIRC my private loans including interest were around $100k by the time the SOL clock ran out.
Right now the companies may be too preoccupied trying to figure out the rest of the repayment fiasco that’s about to start to bother you
TitusXd40@reddit (OP)
Good luck to you! I know it can be a lottle stressful, but you'll get there!
No-Daikon-5406@reddit
Couple of years ago, I asked Navient to remove my co-signors' names, and in the process, they combined my federal loan into theirs, although I specifically told them I did not want that. All was done telephonically and by the time it was completed, it could not be undone, despite my repeated attempts to correct the problem. At this point, my Navient student loan is over $112k. I've just started making the monthly payment of $850+. They have indicated if I miss payments, the loan will be in default and they will sue. Navient has now offered to 'cancel' my debt if I settle for $95k to be paid in 6 months, which is no way is this possible with my income. Anyone, please advise! Thank you.
716TLC@reddit
Congratulations!!!!!
I passed my SOL with Navient in August, and it feels SO GOOD. I've not gotten any letters related to my loans since 2021, but I don't care because I know I beat them.
gabagoolpalace@reddit
I've had my loan for a very long time, Sallie Mae carry over. I just defaulted and they're calling me and threatening to sue. Do you have info on what time frame is needed where they can't sue?
716TLC@reddit
Google to find your state Attorney General website. Somewhere in there you should be able to find the Statute of Limitations (SOL) on private credit debts. It doesn't apply to federal loans, only private loans. The SOL is different for every state but ranges from 3 to 10 years based on what I've seen other redditors post. Pennsylvania is popular because they don't allow wage garnishment, or so folks here say often. New York is 3 years. And I believe Iowa or Idaho might be the 10 year SOL, can't remember for sure.
Rainstormempire@reddit
Isn’t the SOL in New York for consumer debt 3 years, but student loans are still 7 years? I don’t think the recent NY legislation that decreased the SOL for consumer debt (like credit cards) covers student loans (private ones obviously).
716TLC@reddit
NYS SOL is 3 years for private consumer debt, reduced from 6 years and effective April 2022. The law was actually signed November 2021. This includes private student loans since they are based on your credit score - same as car loans, credit cards, and personal loans. I believe mortgages were exempted in the new law, partially due to the foreclosure process, and so they might remain under 6 year SOL.
If you've found government documents that indicate student loans are 7 years, please provide a link because I've never seen any debts have a 7 year SOL in NYS.
There is no SOL on federal student loans.
The only way I know of 7 years being applicable is the maximum length of time any and all debts may remain on credit reports.
Rainstormempire@reddit
Yes, I understand NY SOL for “consumer debt” is now 3 years, but that term is not defined and it could very well NOT include private student loans. That’s why I’m asking for clarification.
716TLC@reddit
Since you appear to have difficulty accepting the fact that private student loans are categorized as consumer debt, I suggest you consult an attorney, not reddit. Good luck with your journey.
Ready_Mix_53@reddit
Question. Do they send you letter or email saying that you passed the SOL or you just take it upon your relentless determine that? From what I've read so far not everyone gets the letter so how would one know for sure ?
716TLC@reddit
They don't send a letter. OP got a collection letter, so the language saying SOL passed is required by collections law. Just because they can't sue you doesn't mean they can't continue to ask for payment/ settlement. The SOL law in your state will determine when you're free from lawsuits. If you pass the legal time limit, the law says the creditor cannot sue.
Ready_Mix_53@reddit
Thank you. My SOL has passed and I never got a letter but my 250k private loan has been disappeared from my credit report for 2 years now.
716TLC@reddit
Sounds like you're free on all accounts. Congrats!!!
Ready_Mix_53@reddit
You are the first person to confirm it to me . Thank you for being a part of this monumental moment of my life.. which will literally allow me to start my life over. I know there always 5% chance that I am not in the clear yet .... but I'm focusing on the 95% so thank you! Wishing you amazing blessings throughout your life as well!
Ready_Mix_53@reddit
Omg you have no idea how good it feels to hear that, I really hope so. I posted my story earlier asking for confirmation but got scared and deleted it.
Thank you so much🥹... and I'm praying all your loans are discharged and they stop calling you forever 🙏🏼🥹
TitusXd40@reddit (OP)
I always wondered if I was going to get a letter informing me of being sued, but I never let it consume me. Now I wonder if I can get it off my credit report, haha
716TLC@reddit
Nah, the credit report will still need 7 years!!!
TitusXd40@reddit (OP)
One could hope! I remember disputing something my ex had caused. Even though it was legit, I tried disputing it, and they actually took it off. I doubt I'd get lucky a second time, though 🤣
716TLC@reddit
Disputing isn't a bad idea. It's uncollectable, so it might work. I'm gonna have to think about that 😆
ReturnOfSeq@reddit
It’s still technically a valid debt; don’t think it can be removed from credit report until it falls off 7 years after last payment
moeterminatorx@reddit
It doesn’t matter. When you dispute, credit bureau contacts creditors. If they don’t respond within a certain time, it’s removed.
ReturnOfSeq@reddit
🤔 any idea what I need to do to dispute something? I’ve looked before through my bank and they were non-helpful
moeterminatorx@reddit
All credit bureaus have website now where you can Just create an account and do the dispute on there. But here is a very helpful article.
716TLC@reddit
The credit bureaus often remove the debt while they validate it. If Navient doesn't respond, it wouldn't be added back to the credit report.
TitusXd40@reddit (OP)
Ya never know unless ya try!
SettleBankDebt@reddit
If they are offering $2500 you can probably get it done for less, however if it's close to being deleted from your credit report you might not want to touch it.
Goose_in_the_Gallows@reddit
Just know that if you settle for less, they will send you a 1099 form for the amount you didn’t have to pay, and that amount will be taxable income for the year. Most people don’t realize that and it really messes them up in terms of taxes.
Also if you do take the settlement, make sure they agree to mark it as paid in full or else they will mark it as “settled for less than balance” and it will still screw up your credit. Get that part in writing as part of a settlement so you can take it to the credit bureaus later. If they don’t want to put it in writing, pay the settlement via check and write “payment in full for account #xyz” because the check is a negotiable instrument that can be considered legally binding.
TitusXd40@reddit (OP)
I thought about it as soon as I read the letters, but I paid enough to Navient, and they've hassled me enough. I have the money in savings, but like I said in a response elsewhere, I haven't needed my credit for anything since I stopped paying. I'd rather just keep the cash and not worry about them anymore.
Equal-Night1981@reddit
I've gotten a few settlement offers since i've intentionally defaulted about 2 years ago. SOL in my state is 6 years. So i'm torn between waiting it out and taking the settlement offer, if i get a good enough one. As of now, they're not close to what i'd be willing to settle for, though
nowaysalliemae@reddit
Excellent job!!!
FUCK YOU NAVIENT!
TitusXd40@reddit (OP)
Thank you! You hit the nail on the head, fuck them motherfuckers 🤣
ReturnOfSeq@reddit
Trust me, you’ll get a lot more letters with that quote on it. Feels good every time
TitusXd40@reddit (OP)
That's fine by me! I got a phone call a couple of weeks ago where the number came up as local. I knew better, but I had a lapse of judgment and answered. They said who they were and asked for me, and I just said they had the wrong number. Like some bad guy in the movies, they just said 'the calls will continue' and hung up. I laughed pretty hard at that one
Equal-Night1981@reddit
😆 what a morbid message lol. Dun dun dunnn
TitusXd40@reddit (OP)
Haha, right? It was like a movie scene, except I cluldnt help but laugh
lukewarmbreakfast@reddit
Congrats! Do you mind sharing what happened to you credit score? Do you own a home? Rent? I'm curious about the "process"!
TitusXd40@reddit (OP)
Absolutely. My credit score dropped about 60 points to around the 620s, but I've gotten it back up to just under 700. I do own a home with my wife, but we bought it years prior and actually have it paid off already (smaller amount, it was a foreclosure). To add, all of the vehicles we've ever driven have been a little older and paid for with cash. Aside from opening one credit card, I haven't used my cresit score for anything.
Now, it seems like I should be able to afford those loans, correct? Well, Navient doesn't care about family size or income changes. They're private loans, so they don't have to help out at all. They basically told me so when I needed help. When I started all of this, I made maybe $16/hour, with my wife making less, and having a child. It's only been this past year and a half that I started making good money, but with the cost of living continuing to climb, it's not much easier than before.
My experience was essentially quitting cold turkey. I didn't contact them, only answered phone numbers I recognized, and for the most part, I just kept to myself. I didn't send any letters requesting debt verification, nor did I send any cease and desist letters like I've seen others say they've done.
lukewarmbreakfast@reddit
That's awesome. I had Sallie Mae private loans when I graduated in 2017, 11% interest, I was paying like $780/month. I've refinanced a few times and now pay about $500. Which is more than half my mortgage.
My only debt besides student loans is my home. I use credit cards sporadically, but to the tune of a few hundred bucks a month. I also own my car. My credit score is about 780, maybe a few points shy. I'm in Michigan tho and I think SOL is 6 years, unfortunately.
Did Navient ever sue you or anything? Or did they just keep calling, mailing, email, etc for those two years?
TitusXd40@reddit (OP)
When I stopped paying, Navient was half the amount of my house payment. I think I was paying $225. Again, it was a seemingly small and manageable amount, but it was enough to make me decide between loans or groceries.
I use one credit card now, but I make sure it's paid off every paycheck I get, so that's helped with my credit score.
I jever got sued by Navient, and I can only assume it was because my balance was relatively low. They called a lot, sent a bunch of letters, and even called my references, but I never got any emails.
lukewarmbreakfast@reddit
Good to know! Thank you for the transparency. And congrats again!
ProleDBA@reddit
CONGRATULATIONS! This is awesome news!
NurseAria@reddit
Has this been erased off your credit report yet? How can you be sure that you don't have to pay any of the debt anymore? Sorry if these are stupid questions
TitusXd40@reddit (OP)
Don't be sorry, it's ok. It has not been erased off of my credit report. I imagine it'll be 7 years from the time I went into default, so I have about 3 more years to go. As far as not having to pay anymore, Im going based on the assumption that their claim of the debt being too old is accurate. I stopped paying in the spring of 2019, and if the SOL ran out 4 years from time of default, that would have been sometime late August or early September, so it makes sense.
NurseAria@reddit
Thank you that's very helpful! Congrats i am so happy for you. The joy you must feel yay!
TitusXd40@reddit (OP)
Thank you!! For the most part, I forgot about it. I will admit, though, any time I got letters from them, I worried that something had gone wrong and I'd have to start over again
orchidelirious_me@reddit
I’m so happy for you! Thank you for giving me hope!
However, I’m in Louisiana, and our SOL is 10 years. I had a head injury in 2015 that forced me to drop out of my degree program for good – I couldn’t keep up in engineering with a TBI. I have a little way to go.
shenanigan49@reddit
Wait, am I reading the date correctly? From 2019 until now and the SOL ran out?! That’s amazing!! I need to check my state!
TitusXd40@reddit (OP)
Yup! In the state of Pennsylvania the SOL is only 4 years. Thanks a d I hope ypu fond what you're looking for!
christinastelly@reddit
I’m so happy to hear this. I wish there was a lawyer willing to get this off my credit report and my parents.
dannydelco@reddit
Creditlawyers.com
christinastelly@reddit
Thanks!
TitusXd40@reddit (OP)
Same here! My ex's grandma was the co-signer, so I'm not worried about her. She's like, 90. I would just like to get my score back up in case I need it for something.
christinastelly@reddit
It’s hard to understand what I signed up for and how this would affect my life. I was 23 now I’m 43. I wish there were rules on true transparency
TitusXd40@reddit (OP)
Agreed! I was 18/19 when I took out these loans, and honestly, it was the biggest mistake of my life. Ive made a better living for myself and my family working in a steel mill than using that stupid degree
christinastelly@reddit
Just know you’re not alone. We are going to get through this. Maybe we’ll be 90, but we will get there!
dannydelco@reddit
Save the letter forever, just in case.
TitusXd40@reddit (OP)
I was definitely thinking I should keep it, just to cover my ass 🤣
Ready_Mix_53@reddit
Congrats! I messed up because I didn't know what SOL was.
zecaptainsrevenge@reddit
🤗A victory for you and all those who are against our so-called government helping tax dodging oligarchs rob hardworking taxpaying everyday Americans to buy yachts 🏴☠️
TitusXd40@reddit (OP)
Looks like I messed up putting the link in, but regardless, its possible to get away from Navient!
716TLC@reddit
I was able to open the link at the top of the post.
TitusXd40@reddit (OP)
Oh, nice. It must have needed a couple of minutes to show up.