Sallie Mae Collections: What Happens and How to Respond
Updated on July 28, 2024
Quick Facts
Sallie Mae or a debt collector can sue you once your loan defaults, charges off, and goes into debt collections. This can lead to your wages being garnished and a lien being put on your home.
Jail isn’t an option for defaulting on Sallie Mae loans. Likewise, your tax refund, Social Security benefits, and retirement pay are safe from seizure.
Settlement or bankruptcy are often the most viable solutions at this stage.
Your cosigner faces the same consequences you do, and there’s usually no way to get them off of the loan once it’s in collections.
Overview
Facing Sallie Mae collections can be overwhelming, but understanding the process is crucial to protecting your financial future. As a team of student loan experts and lawyers, we’ve helped hundreds of borrowers find solutions to their Sallie Mae debt.
When your loan enters collections, you and your cosigner face serious consequences:
Severe damage to your credit score
Aggressive contact from debt collectors
Potential legal actions, including lawsuits and wage garnishment
This guide will walk you through:
The collections process
Immediate and long-term consequences
Your options for resolving the debt
Steps to take control of your situation
We understand that for many, Sallie Mae loans feel impossible to tackle even when other debts are manageable. We’re here to help you through this challenging time and find the best solution for your circumstances.
Related: Can Sallie Mae Loans Be Forgiven?
How the Sallie Mae Collections Process Works
The Sallie Mae collections process typically unfolds in several stages, each with increasing severity.
Entering Default
Your loan enters default when you miss several payments, typically after 3-4 months. Default means you’ve broken the loan agreement, and Sallie Mae considers the loan a loss. For example, if you have a $30,000 loan and miss four $300 monthly payments, your entire loan could be considered in default.
Internal Collections
Once your loan defaults, it charges off. And at that point, Sallie Mae’s internal collections department takes over:
This stage typically lasts 2-3 months.
Expect daily phone calls, emails, and letters.
Sallie Mae may offer new plans, such as temporary interest-only payments or short-term hardship forbearances.
You might negotiate a settlement for less than you owe. For instance, on that $30,000 loan, Sallie Mae might accept $15,000 if you can pay it within 60 days.
External Collections
If internal efforts don’t resolve the debt, Sallie Mae escalates to external collections:
Sallie Mae either sells your debt to a collection agency or authorizes an agency to collect on its behalf.
This stage can last several months to over a year.
Agencies often have more flexibility to offer long-term payment plans, sometimes stretching 1-4 years.
External collectors may have more leeway in negotiating settlements but usually require an initial lump sum payment.
Legal Action
If all previous collection attempts fail, Sallie Mae or the collection agency may file a private student loan lawsuit as a last resort:
You’ll receive official notice of the lawsuit.
If the collector wins, a judge may order you to repay the debt.
The court may grant collectors the right to garnish wages or seize assets.
Consequences of Sallie Mae Collections
As your loan moves through the collections process, you face escalating consequences that can impact every aspect of your life.
The immediate financial impact is that:
Deferment and forbearance become unavailable. The entire loan balance becomes due immediately. For example, a $30,000 loan with 10 years left suddenly becomes due in full.
Refinancing options are severely limited. Most private student loan lenders won’t offer new loans to defaulted borrowers. But one company, Yrefy, does refinance defaulted private student loans. They profit by negotiating a settlement with Sallie Mae for less than the current balance, then issuing you a new loan for the full current balance and charging interest on it.
Your credit score takes a severe hit. When Sallie Mae reports the default to the three major credit bureaus (Equifax, Experian, and TransUnion), your score can plummet by 100 points or more almost instantly. This negative mark stays on your credit report for up to 7 years. During this time, you’ll likely face:
Difficulty renting an apartment or home, as landlords often check credit reports
Challenges getting approved for car loans, mortgages, or other credit
Potential issues landing certain jobs, as some employers review credit histories
Significantly higher interest rates on any credit you do qualify for, including credit cards and personal loans
Possible denial of new credit accounts altogether
Long-term consequences if you fail to work out new repayment options include:
Potential lawsuits from Sallie Mae or the collection agency.
Wage garnishment of up to 25% of your disposable income, automatically deducted from each paycheck.
Frozen bank accounts and seized funds.
Property liens, affecting your ability to sell or refinance.
Importantly, all these consequences also apply to your cosigner. This can severely strain relationships, especially if your cosigner is a parent or close relative.
Related: Can a Cosigner Sue the Primary Borrower on a Student Loan?
How Sallie Mae Collections Differ from Federal Student Loans
Sallie Mae is a private lender, which means its collection process and borrower options differ significantly from federal student loans managed by the Department of Education.
Key differences include:
No access to federal recovery programs: You can’t use the Fresh Start program, loan rehabilitation, or loan consolidation to get out of default with Sallie Mae loans.
Limited repayment options: Income-driven repayment plans, which can lower your monthly payments based on your income, are not available for Sallie Mae loans.
No loan forgiveness programs: Unlike federal loans, Sallie Mae doesn’t offer forgiveness options after a certain period of repayment or public service.
Stricter collection practices: Private lenders like Sallie Mae often move to legal action more quickly than the federal government.
Less flexibility in negotiations: While federal loan servicers have standardized processes for working with defaulted borrowers, private lenders have more discretion in how they handle collections.
This situation isn’t likely to change soon. Both Democratic and Republican administrations have not seriously pursued legislation to require private lenders like Sallie Mae offer income-based plans or forgiveness options similar to federal loans.
And while Navient has begun offering borrowers a school misconduct discharge, Sallie Mae has not done the same.
Options Once Your Loan is in Collections
When your Sallie Mae loan enters collections, you have four main options:
Pay the loan in full
Wait for the statute of limitations to expire
Negotiate a settlement for less than you owe
File for student loan bankruptcy
Let’s examine each option:
Paying in full is likely not feasible for most borrowers in collections. If you had the means to pay off the loan, you probably wouldn’t have defaulted in the first place.
Similarly, waiting for the statute of limitations as a strategy comes with significant risks:
You’ll face constant collection efforts, including calls to you, your cosigner, family, friends, and even your employer. This can be extremely stressful and may last for months or years.
Sallie Mae or the collection agency typically files a lawsuit before the statute of limitations expires. They usually have their documentation in order, meaning you’d likely lose the case.
You waste valuable time that could be spent actively addressing the debt and rebuilding your financial situation.
This leaves us with two primary options: negotiating a settlement or filing for student loan bankruptcy.
I’ve successfully used both options to help borrowers with Sallie Mae loans in collections. The right choice for you depends on your ability to afford a settlement and your desire to protect your cosigner from further collection efforts.
For more detailed information on handling private student loan debt, see “What Happens If You Can’t Pay Private Student Loans.”
Bottom Line
Facing Sallie Mae collections is stressful, but you have options. Settlement and bankruptcy are often the most viable solutions, depending on your situation. Every day matters – delays can mean higher balances and fewer choices.
Don’t tackle this alone. Our team of student loan experts has helped many borrowers successfully resolve Sallie Mae collections. We can guide you through your options and develop a personalized strategy.
Ready to take control? Book a 1:1 call with our experts today and start your journey to financial freedom.
FAQs
How does Sallie Mae handle settlement negotiations for loans in collections?
Sallie Mae typically considers settlements for loans in collections. They may accept 40-60% of the current balance, often requiring payment within 30-90 days. Negotiations usually start with their internal collections department before moving to external agencies. Always get settlement agreements in writing before making any payments.
What does Sallie Mae consider "undue hardship" for private student loans in bankruptcy?
Sallie Mae follows court standards for "undue hardship" in bankruptcy cases. This typically involves the Brunner test, which examines if repayment prevents a minimal living standard, if financial difficulties will persist, and if good-faith repayment efforts were made. Sallie Mae often contests bankruptcy discharge attempts, making approval challenging.
How does Sallie Mae treat cosigners when a loan goes into collections?
Sallie Mae holds cosigners equally responsible for loans in collections. They may contact cosigners for payment and include them in any legal actions. Sallie Mae doesn't typically offer cosigner release for defaulted loans. Both the primary borrower and cosigner's credit scores are affected by collection activities.