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Clarissa Flair

Can Sallie Mae private student loans sue if I default? Thinking of stopping payments after 10+ years

I've been drowning in my private student loan from Sallie Mae since 2012. The loan has ballooned to over $43,000 even though I've been making payments for over a decade. I'm literally at my breaking point with their customer service and the way they've handled my account. They call MULTIPLE times a day if I'm even 2 days late, and their interest rates are highway robbery compared to federal loans. I'm seriously considering just stopping payments altogether, but I'm terrified about what happens next. Does Sallie Mae actually sue borrowers who default? Has anyone successfully negotiated with them after missing payments? I know this isn't a federal FAFSA loan with IDR options, but I'm desperate for any advice from people who've dealt with private loan servicers. I really don't know what else to do at this point.

Caden Turner

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Yes, Sallie Mae absolutely does sue borrowers who default on private loans. Unlike federal student loans, private lenders have fewer options for recouping their money, so they're much more aggressive. They can garnish your wages, put liens on property, and destroy your credit score for years. I work in financial counseling and see this regularly. Before doing anything drastic, have you tried: 1) Requesting a hardship forbearance or temporary reduced payment plan? 2) Looking into refinancing with another lender like SoFi or Earnest for a lower rate? 3) Asking about their rate reduction program? Sometimes they'll lower your rate if you've made consistent payments for a certain period.

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Thanks for the reality check. I've called about hardship options but keep getting transferred around. Refinancing isn't an option because my credit score tanked during COVID when I lost my job. I did make consistent payments for 6 years but when I asked about rate reduction they said I "didn't qualify" with no explanation why. It feels like they want me to fail.

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OMG I literally just went thru this EXACT situation with Sallie Mae!!! They are THE WORST loan company ever!!! I missed 3 payments and they threatened to sue me within like 60 days. My cousin defaulted for 4 months and they actually did take him to court!! It's not like federal loans where you get all those chances and forebearance options and stuff. Private loans will come after you HARD.

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Oh no, they actually took your cousin to court? That's terrifying. Did he end up having to pay everything at once or did they work out some kind of payment plan? My stomach is in knots just thinking about this.

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They put him on a "settlement plan" where he has to pay like 80% of what he owes but in fixed payments. But his credit is DESTROYED for like the next 7 years. He can't even get an apartment without a cosigner now. These private loans are soooo different from my federal loans that I got through FAFSA. Those have all kinds of protections.

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Harmony Love

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I used to work at a student loan servicer (not Sallie Mae). The statute of limitations on debt collection for private student loans varies by state - anywhere from 3-10 years. That means that after a certain point, they can't successfully sue you for the debt. HOWEVER, there are important caveats: 1) If you make even a small payment, that resets the clock on the statute of limitations 2) They can still report the default to credit bureaus 3) Some states allow them to add massive collection fees 4) They often sell the debt to collection agencies who are even more aggressive Before considering default, you should consult with a student loan attorney who specializes in private loans. This isn't standard FAFSA federal loan territory where there are income-driven repayment options and forgiveness programs.

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This is really helpful info, thank you. I'm in Florida - do you know what the statute of limitations is here? I'm worried about consulting an attorney because I can barely afford my monthly payments as is. Are there any free resources for getting legal advice about private student loans?

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Harmony Love

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Florida has a 5-year statute of limitations on written contracts, which would apply to private student loans. But I strongly caution against trying to wait it out - 5 years of damaged credit and potential legal stress is a very high price. There are non-profit organizations like The Institute of Student Loan Advisors (TISLA) that offer free guidance. You can also look into legal aid in your area, as many offer free consultations for people in financial hardship.

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Rudy Cenizo

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I defaulted on my Sallie Mae loan in 2017 and YES they sued me! It was a nightmare! They got a judgment and garnished my wages for almost 25% of my paycheck. I couldn't pay my rent and had to move in with my parents at 34. DON'T DEFAULT IF YOU CAN AVOID IT!!!! The stress alone nearly gave me an ulcer.

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Natalie Khan

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I know this is frustrating, but there are a few options people often overlook with private loans: 1) Request a copy of your COMPLETE loan agreement and have it reviewed. Sometimes there are hardship clauses buried in the fine print that loan servicers don't advertise. 2) If you've been making payments since 2012 and the balance has increased, document everything and file a complaint with the Consumer Financial Protection Bureau (CFPB). They've taken action against Sallie Mae before. 3) Check if your loan has been sold multiple times. Sometimes in the transfer, documentation gets lost, and they can't prove they own the debt if challenged. 4) Negotiating a settlement is possible but usually only after you've already missed several payments (which damages your credit). And most importantly, get EVERYTHING in writing. Sallie Mae customer service reps often say one thing on the phone, but it doesn't match what's in their policies.

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I'll definitely request the complete loan agreement - that's a great idea. And I hadn't thought about filing a CFPB complaint. I've kept pretty detailed records of my payments so I'll organize those and see if there's a case to be made. Thank you!

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Daryl Bright

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Has anyone here tried reaching FSA directly to see if there are any federal options for relief even with private loans? I spent WEEKS trying to get through on their phone line and kept getting disconnected or waiting for hours. Finally I found Claimyr.com which connected me to an FSA agent in under 15 minutes. They have a video demo of how it works here: https://youtu.be/TbC8dZQWYNQ The agent I spoke with explained that while they can't directly help with private loans, there are some federal programs where you might qualify for relief on other educational debt which could free up money to pay Sallie Mae. Also if your school closed or misled you about job placement, there may be discharge options. Worth at least talking to them to know all your options.

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Thanks - I'll check this out. I do have a small federal loan too that's in good standing, so maybe there's something they can do to help with that part at least. Anything would help at this point.

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Rudy Cenizo

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I tried calling FSA like 5 times before I found out about Claimyr too. Honestly saved me so much frustration. Even though they couldn't help with my private loans directly, they helped me get my federal loans on an income-based plan which freed up $230/month that I could put toward my private loans.

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Sienna Gomez

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Something nobody's mentioned yet - have you checked if your loans had a co-signer? Many Sallie Mae loans require one, and if you default, they'll go after that person too (usually a parent or relative). That destroyed my relationship with my aunt who co-signed for me when I defaulted on my Sallie Mae loan. Also, remember that unlike federal FAFSA loans, private loans CAN be discharged in bankruptcy in some situations. It's not easy, but it is possible if you can prove "undue hardship" which basically means you can't maintain a minimal standard of living while repaying the loan. The legal test for this is complicated (called the Brunner test), but several people have successfully discharged private loans this way.

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Thankfully I don't have a co-signer, so that's one thing I don't have to worry about. I've heard bankruptcy is nearly impossible for student loans, but maybe I should talk to a bankruptcy attorney just to understand my options. At this point, I'm willing to consider anything.

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Sienna Gomez

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The rules for bankruptcy and student loans have actually been evolving recently. While federal FAFSA loans remain very difficult to discharge, private loans aren't protected by the same federal regulations. Several bankruptcy courts have been more lenient with private loans in the past few years. Definitely worth a free consultation with a bankruptcy attorney who specializes in student loan debt specifically.

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Kinda off topic but this is why I always tell people to max out their federal FAFSA loans before ever touching private loans! The federal protections are sooooo much better. I had a friend who did the opposite and took out Sallie Mae loans first because they had a slightly lower interest rate at first, but then they jacked it up and he had none of the federal protections. Big mistake!

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Caden Turner

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This is excellent advice for anyone still in school. Federal loans should always be exhausted before considering private loans. Federal loans offer income-driven repayment, potential forgiveness programs, death/disability discharge, and forbearance options that private loans simply don't have. It's worth looking at the complete financial picture, not just the initial interest rate.

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Thank you all for the advice and sharing your experiences. I'm going to take these steps: 1) Request my complete loan documentation and review it closely 2) File a CFPB complaint about the increasing balance despite years of payments 3) Use Claimyr to talk to FSA about options for my federal loan portion 4) Consult with a student loan attorney about potential bankruptcy options I'll update this thread after I've tried these approaches. It helps knowing I'm not alone in this struggle, even though the situation still feels pretty bleak.

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Natalie Khan

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This sounds like a solid plan. Take it one step at a time, and document EVERYTHING in your interactions with Sallie Mae. Request written confirmation of any conversations you have with their representatives. Wishing you the best of luck - please do update us on how things go.

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GalaxyGazer

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I'm so sorry you're going through this - the stress of dealing with private loan servicers is absolutely crushing. One thing that might help immediately is to document every single phone call from Sallie Mae. Write down the date, time, who called, what they said, and any threats made. If they're calling multiple times a day, that could actually be harassment under the Fair Debt Collection Practices Act. Also, have you looked into your state's Attorney General office? Many states have student loan ombudsman programs that can intervene with private loan servicers on your behalf. It's free and sometimes they have more leverage than individual borrowers do. Some states like California and New York have been particularly aggressive in going after predatory private loan practices. One more thought - if your loan balance has grown despite 10+ years of payments, there might be capitalized interest or fee issues that violate your original loan terms. Definitely worth having that reviewed by someone who understands private loan contracts. You shouldn't have to suffer in silence with this.

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