I have read discussions about reporting of student loans to the credit bureaus and SOL's on the same. But I have not found anything regarding a SOL about SOL's for getting a judgement on you for one.

I live in Missouri and am being sued in Colorado for a Perkins loan that I had there. I am looking for the records on the due date, but I think the loan was called due within a year after I stopped attending the school. This was all in 1995.

I am not sure if this is what applies to me, but Colorado law has a statute that says:

13-80-102. General limitation of actions - two years.

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:

(g) All actions upon liability created by a federal statute where no period of limitation is provided in said federal statute;

Anyway, it has been 16 years since this loan was defaulted on. I do not dispute the debt. I am currently paying off my other student loans. I am paying monthly payments, they are also garnishing my wages, and my taxes are being "captured".

So, is there a SOL for them to actually take a Perkins loan to court for judgement?

This also brings up a related question. I was under the impression that I had a right to a 30 day notice of any impending garnishment from my employer. I never received one. The garnishment just started. When I contacted my employer about a notice, I was told, "If we had to give notice to every person we had a garnishment order on, we would never get anything done here."

So, two questions I guess. Is there a SOL on suing for judgement of a Perkins SL? And are student loans exempt from due course of notice when an administrative garnishment is levied?

THanks for your time folks. I appreciate any thoughts.

Welcome to the SL forum. Look around, see what you find here that helps you, and ask questions as you need to ...

I would suggest you start with a search on Perkins and go from there. But the long and short of it is, these are public monies and the lender will go to whatever lengths necessary to get it back. They are entirely within their rights to do so.

Good luck.

Quilty is completely right (of course!). The reason that the law you're quoting doesn't apply is that that applies only to private actions at a state level (i.e., a private entity like MasterCard suing you for non-payment in Colorado). Perkins is a federal program and is therefore exempt from Colorado state law. In all honesty, if you dig further in that Colorado statute (or, more likely, elsewhere in the state statutes -- stuff is never together in any meaningful way in those things!), you'll almost certainly find that even public debt owed to the government of Colorado or any of its instrumentalities (cities, towns, villages, public universities, etc.) is exempted from the SOL laws for private debts that you quoted. It doesn't matter where you live now.

When people are talking about "no SOL for SLs" is exactly what you were talking about -- there's no time limit for getting a judgment on these loans. There *is* a SOL on SLs for reporting to CRAs. It's 7 years from the time it was returned to the guarantor for payment (or subrogated by the DOE, whichever is later), which is longer than that for "regular" debts, but there is still a SOL for them in this instance.

Good luck! Hope this helps!

OK. i appreciate the responses. Not exactly what I wanted to hear - but such is life.

So, considering I am already paying on one loan, I can hopefully use that to show my intentions are not to get out of the debt. I wonder if I can combine them all, get some kind of hardship deferment or something. Any thoughts there?

I simply do not need another garnishment, although there are limits on how much they can take. I just dont need another one.

Thanks folks. I appreciate it.