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Defaulted Student Loans when Living Overseas

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  • 05-15-2010, 02:10 AM
    mariasand
    Defaulted Student Loans when Living Overseas
    My situation:

    • I have student loans totaling $65,000 (principal amount), 8 of which are Stafford (Guaranteed Student Loans) and 2 of which are Perkins loans.
    • I live in Europe and am a citizen of a European Union country.
    • Unproudly, I have been defaulting on these loans since the year 2000, as I had no means to repay them.
    • Prior to moving to Europe, I had been paying back my loans regularly.
    • The debt collectors keep "hassling" me at work (they found my phone number in a work-related article on the Internet).
    • Now the total debt is $115,000 including interest and penalties.
    • I am a single mom, work part time, and don't receive financial support from the father.
    • I don't plan to ever move back the US.
    • I cannot pay back these loans now, and don't anticipate being able to do so in the future.



    My questions:

    • What are my options for getting this debt fully discharged?
    • Can the government or the debt collectors claim the debt or garnish my wages, etc. as long as I live overseas?
    • If I file for bankruptcy in Europe, will that relieve me of my student loan debt in the US?
    • Do I need a "undue hardship" ruling to get a bankruptcy discharge of my student loans even when I live and file for bankruptcy in Europe?
    • Can a "undue hardship" petition be filed by my lawyer in Europe or do I need to get a lawyer in the US?
    • What is the statute of limitations for student loans (made in Pennsylvania and California)?
    • Will I have trouble travelling into the US as a tourist as long as I am defaulting my debt?
    • How can I get the debt collectors off my back now that they have my office phone number?


    That's it for now. I hope someone in this forum can help advice me what my best options are. Many thanks in advance.

    mariasand
  • 05-16-2010, 09:15 PM
    Mr. Knowitall
    Re: Defaulted Student Loans when Living Overseas
    The debt isn't going to go away by itself. Even overlooking your leaving the jurisdiction, they're not subject to a statute of limitations. You are not able to file U.S. bankruptcy while living in a different country.

    I don't know whether the creditors will attempt to pursue the debt through the courts of the country in which you presently reside. You can investigate whether your nation has laws that permit you to instruct collection agents not to contact you.

    Your credit record is not part of your immigration record.
  • 05-17-2010, 10:07 AM
    mariasand
    Re: Defaulted Student Loans when Living Overseas
    Hi Mr. Knowitall,

    Thanks much for your response.

    What if I apply for bankruptcy in Europe, will that apply to my dept in the US?

    Cheers
    mariasand
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