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If you owe a student loan that is in default will they take your federal and state refund or only one refund

Lancaster, CA |

I owe a student loan and it is in default I tried to get a payment plan but they want a very large payment and I am now unemployed and can not make the payment so it was denied when I file back taxes will they take the state and federal taxes or will they only take the federal refund

Attorney Answers 3


  1. Technically, a student loan collector can intercept either, but I have not seen them take a state refund. Hope this perspective helps!


  2. I agree with Atty. Bunce, but would also suggest you look other possible alternative payment arrangements for the loan. There is a federal government website for the Consumer Financial Protection Bureau that contains a database of student loan information and will help you identify what type of loan you have and what payment arrangements might be available to you, for federally-backed student loans and many private student loans. Options often include payment deferment or forebearance. The web address is:
    http://www.consumerfinance.gov/students/repay/
    Hopefully you will be able to set up a reasonable payment plan or a deferment so that you can delay payments until you resume work.

    As for them possibly taking your tax refund, I would think you first need to determine if yours is a government-backed student loan or a private loan. A private loan would need to sue you first and obtain a judgment before they could try to levy any accounts or tax refunds. The government is different and their loan terms may give them the right to do that directly, but you would need to review your loan documents to see.


  3. You might request some type of loan deferal due to your employment status. I would contact the lender on the issue to see what they are willing to do.

    BW

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