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emmom · Jun 9, 2009, 07:20 AM

I have a question about the statue of limitations for Georgia. I have a company contacting me to collect on tuition and fees from a college that I attended 1992-1994. No payment has been made nor have I made a promise to pay since leaving the college in 1994. Do I have recourse with the collection agency under the statute of limitations? If so, I know that I can send a certified letter stating this debt falls under the statute of limitations and disputing the debt but what if the collection efforts continue? Any help is apprecited.

N0help4u · Jun 9, 2009, 07:25 AM

No student loans are exempt from statute of limitations as far as I know and they are allowed to garnish your wages and take your income tax return for delinquent amounts.

DownUnder · Jun 9, 2009, 04:01 PM

Also Student loans can not be discharged in bankruptcy , in other words it will have to be paid back if not they will garnish your wages and you can forget about getting a tax refund from Uncle Sam they will keep that to.

Fr_Chuck · Jun 9, 2009, 04:10 PM

Was this a government insured student loan.
If this is in the US
As noted in the 15 years since this debt the amount most likely would have doubled or tripled though interest, late charges or more. And sadly over this time most likely it would have been paid in full if you had been making even small payments

But no there would be no SOL on this debt and it can not even be discharged in bankruptcy.

emmom · Jun 11, 2009, 11:07 AM

I think I was misunderstood on my earlier posting. The money owed is to the institution (college). It was NEVER a student loan it was simply a balance left owed when I left the college in 1994. So my original question was what is the statute of limitations for this type of debt?

Thank you to those that responded to the original posting. I apologize. I should have been more clear.

ScottGem · Jun 11, 2009, 11:43 AM

Please don't start a new thread with a follow-up question. Use the Answer This Question options instead. I've merged your threads for you.

I'm not sure if it matters that this tuition directly owned the school or from student loans. While the SOL on wirrten contracts is 6 years and the promise to pay tuition might be considered a contract, certain groups are exempt.

But there is another factor here. You have NO recourse against the agency for collecting a debt except those provided on the Fair Credit Act. And those protections have to with the type of contact.

A debt NEVER expires. The only thing an SOL does is limit the time frame in which they can take legal action against you. So while they MAY not be able to file suit to collect the debt, they certainly can dun you for the money you owe.