Legal Question in Credit and Debt Law in Georgia

What is the time limit a debt collection law firm can sue regarding a student loan debt they acquired from Citibank. The loan orginated in 1994 there is documentation of a payment in 2/2011.


Asked on 11/21/13, 1:18 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Federally guaranteed student loans have no statute of limitations, so they can collect until you die, and then go after your estate after that.

Some private loans are governed by state law. If the applicable state is Georgia, the statute will run from the last payment, meaning it runs from 2011. Usually that will mean the statute, absent additional payments, would run in 2017.

If you have large unpaid student loans, you should see a lawyer.

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Answered on 11/21/13, 2:21 pm

I agree with Attorney Ashman. It sounds like this is a private student loan debt. If that is the case, then a student loan would be like any other contract for a loan debt. The statute wouldd begin to run from the date of last payment. If a payment was made in 2011, the statute is 6 years and would run in 2/2017.

Since this action is still viable, your best bet is to work out some kind of agreement. Student loans generally are not dischargeable in bankruptcy unless hardship is shown. However, some debt collectors will require debtors to fill out financial statements and will agree to something affordable. If a lawsuit is filed, the creditor can get a judgment and with a judgment will be able to garnish wages, levy bank accounts or seize other assets owned free and clear. So its better to work out something voluntarily now than face these things later, unless the debt would be dischargeable in bankruptcy.

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Answered on 11/21/13, 8:56 pm


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