Fitzgerald & Campbell examine a growing issue regarding the statute of limitations for student debt; that has been a growing concern among millions of Americans.
Santa Ana, California, United States, August 25, 2021 (GLOBE NEWSWIRE) –
On August 4, 2021, SoFi published an article titled “Is There Debt Limitation Status?” Fitzgerald & Campbell, a professional law firm, says SoFi was wrong when it concluded there was no statute of limitations for student loan debt. Because it’s so clear that there are statutes of limitations on private student loans, the firm questions the motives of SoFi, a lender whose student loan portfolio contains only private student loans.
Gregory Fitzgerald, Managing Partner at Fitzgerald & Campbell, said the clear answer to the question, “Is there a statute of limitations for student loans?” ” is yes. Limitation periods do not apply to federal student loans because the federal government does not take legal action to collect amounts forcibly owed. Consequently, prosecutions and limitation periods do not apply to them.
SoFi says, “And some debts, like student loans, are not statute-barred. This means that lenders or debt collectors have no time limit to sue you to collect the money you owe, no matter how long ago you stopped paying student loan debt.
However, Fitzgerald says it is incorrect to assert that not all student loan debt is statute-barred. Private student loans are subject to limitation. “SoFi knows better than publishing an article that says there is no statute of limitations on student loan debt,” he said.
“Private creditors of student loans do not have the same luxury as the federal government, so they have to sue and get a judgment before garnishing wages, foreclosing assets, and so on. Thus, statutes of limitations in the context of student loans apply to private lenders. at any time, ”Fitzgerald said. “It is only in the defense of a lawsuit that the limitation period has any application.”
Fitzgerald is concerned that SoFi was wrong. Fitzgerald says this raises the question of SoFi’s intention. “Did they just get it wrong or were they trying to mislead the readers of the article? Keep in mind that most readers are already in debt to SoFi or are considering doing so. He encourages anyone looking for information on a subject as important as debtors’ rights to seek professional help to fully understand those rights. “Don’t ask your creditor,” he says. For those with little or no access to knowledgeable and affordable legal counsel, he recommends doing extensive research on the subject from several sources before making any financial decisions.
If you would like to subscribe to the Fitzgerald & Campbell newsletter or blog, or just want to learn more about the firm and its practice representing debtors across California, visit DebtorProtectors.com, call or text 855-709 -5788, or email Fitzgerald at gfitzgerald @ fclawoffice.com.
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CONTACT: Name: Gregory Fitzgerald, Esq. Organization: Fitzgerald & Campbell A Professional Law Corporation Address: Santa Ana California Phone: 855 709 5788