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While on the work grind at the office, you get an email from the HR department, inviting you down to pay them a visit. Uh-oh. What could possibly be up? You’re a rock star on the job, so you cannot imagine what the trouble could be.

The good news: you’re not getting fired. The bad news: they tell you that part of your wages are going to be garnished in order to pay back your outstanding school loans.

What Is Student Loan Wage Garnishment?

Student loan wage garnishment is a tough thing to face; what makes it doubly troublesome is the official letter from the U.S. Department of Education that notifies your employer that a percentage of your paycheck will now go directly to paying back your outstanding student loan balances.

This may be something that would be a big enough bummer when you’re the only one who knows about it. When your employer is let in on the secret, and ordered by the government to reconfigure your paycheck, the awkwardness knows no bounds.

Student loan wage garnishment does not make it easy for you or your employer . Your company’s payroll department generally executes (and sometimes calculates) the student loan garnishment amount, and forwards the payments to the correct agency or creditor. In some cases, your employer can be held liable for the full amount or a portion thereof for failure to comply with the garnishment. This can include interest, court fees, and legal costs.

If it’s any consolation, you would not be alone in this situation. Let’s start with the macro: according to
CNBC , more than one million people default on their student loans each year. By the year 2023, nearly 40% of borrowers are expected to default on their student loans. Outstanding debt in the U.S. has tripled over the last decade and now exceeds $1.5 trillion. That number far exceeds the traditional debt of autos and credit cards.

Now for the micro: according to a study by the ADP Research Institute , 7.2% of employees had their wages garnished in 2013 (the latest research we could find on this). Of that total, 2.9% of those garnishments were from student loan and court-ordered consumer debt garnishment.

Defaulting on your student loan is not ideal. We’re going to share some details on federal student loan garnishment, and how you can avoid defaulting on your loans.


💡 Quick Tip: Ready to refinance your student loan? With SoFi’s no-fee loans, you could save thousands.

How Does Federal Student Loan Garnishment Work

Your wages can’t be garnished out of nowhere. It starts with your loan becoming delinquent, which happens the first day after you miss a payment. Your loan will remain delinquent until you pay back everything you owe.

If you are more than 90 days delinquent on your payment, your loan servicer reports the missed payments to the three national credit bureaus (Equifax, Experian, and TransUnion). This will negatively affect your credit, as payment history makes up 35% of your score.

Eventually, if you still fail to repay your debt, the government may resort to garnishing your wages and/or withholding your tax refund, which they can do without a court order. Legally, they can garnish up to 15% of your disposable pay. Disposable income is calculated by taking your gross income, and then subtracting your tax obligations and other withholdings such as Social Security, Medicare, state tax, city/local tax, health insurance premiums, and involuntary retirement or pension plans.

The good news is that there is a temporary exception to this process. To help financially vulnerable borrowers transition to making their student loan payments after an automatic, three-year pause that ended in October, the Biden administration implemented an “on-ramp” period. From Oct. 1, 2023 through Sept. 30, 2024, borrowers who miss payments will not be considered delinquent or in default, have missed payments reported to the credit bureaus, or have their loans referred to collections agencies.

Ways To Help Prevent Your Student Loan From Becoming Delinquent

If you are concerned about wage garnishment for your federal student loans, there are proactive steps you can take to keep your account from becoming delinquent in the first place:

Scheduling automatic payments. You can have the monthly obligation automatically and electronically deducted from your checking or savings account.

Building an emergency savings fund. You can save at least six months of backup funds that you can use specifically to make your monthly payments. This may come in handy should you be without income for a time.

Ways To Help Prevent Your Student Loans From Going Into Default

Based on your financial circumstances, there are a few options available that may allow you to make your student loan payments more affordable or even put them on a temporary hold:

Income-Driven Repayment (IDR) Plans: With these plans, your student loan payments are adjusted based on your discretionary income. Depending on the plan you choose, the government typically extends your repayment terms and readjusts your monthly payment, and may eventually forgive the balance of your loan. The newest IDR plan, the SAVE Plan, will provide the lowest monthly payments once it’s fully implemented in July 2024.

Forbearance or Deferment: If making payments is becoming or has become nearly impossible, you can ask your lender to defer your payments or request forbearance. If they agree and you qualify, you can delay your payments and avoid default.

Student Loan Refinancing vs Consolidation

If student loan wage garnishment is the nightmare that comes true, here are two options that may be able to stop it: consolidating or refinancing your student loans. First, know the difference between the two (and it’s a pretty big one):

When you refinance student loans, you’re actually paying off your existing loans with a new loan from a private lender. In this process, you can possibly reduce your payments and make them more affordable. (You may pay more interest over the life of the loan if you refinance with an extended term.) Or you may be able to lower your interest rate. However, you also will lose out on certain benefits that come with federal student loans, like deferment and forbearance, and lose your eligibility for all other federal student loan programs.

When you consolidate your federal student loans with the federal government, you essentially “bind” them all together into one, big loan. Sounds like a plan, but there can be a few downsides; this could result in you paying more in interest over the life of your new, consolidated loan because the interest rate on your consolidated federal loan will be the weighted average of all your loans, rounded to the nearest eighth of 1%. You can also only consolidate your federal loans under a Direct Consolidation Loan, which has its own requirements if you’re already in default, and isn’t available for private student loans.

Consolidating a Defaulted Loan

According to the U.S. Department of Education, if you want to consolidate a defaulted loan, you must make “satisfactory repayment arrangements” on the student loan with your current loan servicer before you consolidate.

If you want to consolidate a defaulted loan that is being collected through garnishment of your wages, or that is being collected in accordance with a court order after a judgment was obtained against you, you may only do so if the garnishment order has been lifted or the judgment has been vacated.

Refinancing Your Student Loans

You may be able to combine your private and federal loans into one brand-new, private refinanced loan.

You may be a good candidate for student loan refinancing if you have a steady income, a consistent history of on-time debt payments, and you don’t have need for federal student loan benefits—among other important personal financial factors. (When you refinance your federal loans with a private lender, you can no longer access any federal loan benefits.)

A lender will most likely offer you a few choices for your refinanced student loan: fixed and variable interest rates, as well as a variety of repayment terms (this is often based on your credit history and current financial situation). If you qualify for refinancing, your new loan should (hopefully) come with a new interest rate or a new loan term that can lower your monthly payments.(You may pay more interest over the life of the loan if you refinance with an extended term.)

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SOSL0923054

There are a variety of reasons why a law student may consider transferring schools. Maybe you don’t love the professors or environment, the city isn’t a fit, the tuition is too high or you need to relocate for personal reasons. Whatever the reason, transferring schools is a big decision that shouldn’t be taken lightly.

While you are at your current school, focus on your grades and rounding out your resume. These are two factors admissions officers may evaluate when you apply to transfer. Continue reading for a guide on how to make a transfer happen and what you should consider before choosing to make the move.

What Is a Law School Transfer?

Typically, completing law school takes three years of full-time study. A law school transfer involves switching from one law school to another while pursuing a JD. In most cases, transfers take place after a student completes their first year of law school, commonly known as their 1L year.

It is possible to transfer after your second year, but this is less common because credits taken during your 2L year may not transfer.

What to Consider Before You Transfer Law Schools

Switching law schools involves a lot of work and some trade-offs. Here are some questions to ask yourself before you take the leap:

Is the new law school ranked significantly better than your current one?

If you’re looking to change schools in order to upgrade to a better one, make sure it’s worth the trouble. A school that’s ranked only slightly better or falls within the same tier won’t change your job prospects very much, and what you sacrifice could eclipse any benefits. Aim to jump to at least the next tier of law schools. If you’re already in the top tier, you may want to focus on just the top five schools.

Will a “better” school be right for you?

When you move to a higher-ranked school, you may see your grades fall or feel stressed because of stiffer competition. You may get less personalized attention from faculty and administrators and have a harder time getting to the top of the list for institution-based law school scholarships and internships. Setbacks like these aren’t guaranteed, and you can certainly bounce back, but make sure you think through the move carefully and get to know your prospective institution well.

Are you willing to put in the work?

Applying as a transfer student requires pretty much the same amount of time and effort as applying to law school the first time. You’ll also have to pay application fees of up to around $100 per school.

Are you OK with potentially losing out on opportunities?

When you change schools, you may have to give up scholarships, the chance to study abroad, or the opportunity to participate in the law review or moot court. You will also have to give up your first-year grades (you don’t bring them with you to the new school).

Can you deal with setbacks in your relationships?

When you transfer, you might lose the bonds and connections you’ve started forming during your first year.

Conversely, many of the students at your new school will have formed strong friendships as well, so you might have a harder time breaking in. Considering the importance of networks in career advancement, this could affect not only your personal life, but also your professional future.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

How to Complete a Law School Transfer

Most students transfer after their first year, which allows them to receive a degree from their new school with no mention of the original institution. Many schools will not allow you to transfer after your second year, or if they do, they’ll still require you to attend two additional years at the new school.

Applying for a transfer looks very similar to applying for law school in the first place. Generally, you’ll need to submit:

•   A résumé

•   A personal statement

•   Two letters of recommendation

•   Transcripts

•   LSAT or GRE scores

Preparing Your Application

Applying to transfer does not guarantee that you’ll be admitted. Your GPA and class rank are usually the most important factors in your application and are weighed more heavily in transfer decisions than your LSAT score and extracurricular activities.

Most schools will only admit transfers that are in the top 10% of their class. Your class rank must be even higher if your school is ranked relatively low. To improve your chances, focus on getting good grades in your first year. You should also start early on building relationships with professors who might offer recommendations by reaching out to them, attending office hours, and speaking up in class.

A law school transfer personal statement must focus not only on why you want to study law in general but also on why you want to transfer. The reason you cite should be substantive and tied to the institution you want to attend, rather than a purely personal motive, such as being closer to family.

Don’t just cut and paste the essay you submitted when applying to law school initially, and don’t turn in a generic statement. Instead, tailor the essay to the school you want to transfer to, and why they are the right fit for you. Steer clear of trash-talking your current law school — that doesn’t look good to the admissions committee. Instead, speak in positive terms about what you’ve gained and accomplished, and make clear what contribution you would make to the school if you were accepted.

What Are Admissions Officers Looking at in a Transfer Application?

The exact criteria an admissions committee evaluates may vary based on the law school. However, there are commonalities that admissions officers evaluate and opportunities for you to strengthen your application as a law school transfer. Some of the top criteria evaluated include grades, letters of recommendation, résumé, and your personal statement.

•   Grades. The grades you earn during your 1L year can illustrate how you’ll perform in future years of law school. As mentioned, LSAT scores will still likely be a factor, but may fall in importance after completing 1L classes.

•   Letter of recommendation. This can help the committee understand how you performed in your 1L classes and any other criteria that could help you stand out from other applicants. Think carefully about which professor may be the best fit to write a letter on your behalf and be open about your reasons for wanting to transfer.

•   Resume. The admissions committee will also likely evaluate any law-related extracurriculars you participated in during your 1L year.

•   Personal Statement. The personal statement is an opportunity to explain why you are interested in transferring in addition to why you want to pursue a law degree and how it will influence your future career plans.

What to Do if Your Transfer Is Accepted

If you’re admitted as a transfer student, congratulations! Once you’ve committed to switching schools, you’ll need to take care of a number of things to ensure a smooth transition. First, inform your current school of your plans to transfer (and tell your landlord if you’re moving). Next, get in touch with your new school to confirm which of your credits will be transferred, and take careful note of all the classes you need to earn your degree.

You will also want to reach out to the financial aid office to make sure your package is squared away. And don’t forget to contact career services to connect with your advisor and sign up for on-campus interviews and other opportunities. If you’re moving, you’ll need to get set up in a new apartment. Once you’re at your new school, work extra hard to build relationships with professors and peers. These will pay off in terms of future recommendation letters and lifelong networks.

How Student Loan Refinancing Can Help

As a lawyer-in-training, you’re probably on track to make a good living once you graduate. But in the meantime, law school can be an expensive endeavor. That high price tag, especially when combined with the cost of undergraduate education, is one reason why law school students can expect to graduate with more than $100,000 in student debt. In fact, According to a 2020 survey conducted by the American Bar Association (ABA) Young Lawyers Division and AccessLex Institute, median cumulative student loan debt was $160,000.

Maybe you are looking to transfer because your current law school is too expensive, or maybe you’re upgrading to a higher-ranked school that also comes with higher costs. Either way, student loan refinancing can help get your law school debt under control.

What Is Student Loan Refinancing?

Student loan refinancing involves getting a single new loan from a private lender to pay off one or more existing student loans. Your new loan comes with a single payment, and potentially, a different interest rate and repayment term. You can refinance both federal and private loans. However, if you refinance federal loans, you permanently forfeit all federal protections and benefits such as income-driven repayment plans, deferment and forbearance options, and Public Service Loan Forgiveness (PSLF).

Lenders will usually evaluate factors such as your credit score, credit history, and income, among other personal factors to help determine the loan terms. It is possible to refinance student loans with bad credit, but this can be more challenging or result in a higher interest rate or less favorable terms. That’s why some borrowers may consider adding a cosigner to strengthen their application.

Refinancing without a cosigner is also an option. Borrowers with limited history or low credit scores may want to spend some time building credit before refinancing if they do not want to rely on a cosigner.

The question is, should you refinance your student loans? The answer is deeply personal, but being an informed consumer can help you make the decision. A major draw of refinancing is to secure a more competitive interest rate, which could help you save money over the life of the loan. You can get an idea of how refinancing can influence your loans by using SoFi’s student loan refinance calculator.

If you think refinancing may be a fit for you, shop around and compare terms to find the best rates and terms available to you. On your way, consider refinancing student loans with SoFi.

Recommended: Guide to Establishing Credit

The Takeaway

There are a lot of reasons students may want to transfer law schools. Typically, this happens after a student has completed their 1L year. Admissions committees will generally evaluate factors including a student’s 1L grades, letters of recommendation, their resume, any law-related extracurriculars, and the student’s personal statement, among other factors as determined by the school.

Nearly 90% of law students graduate with student loan debt. Student loan refinancing might be right for you if you have good credit and could potentially qualify for a lower interest rate. Keep in mind that if you refinance federal loans, you give up the opportunity to take advantage of income-based repayment plans or federal relief offerings such as deferment or forbearance. You can consider refinancing your undergrad loans while in law school, or once you have a steady job after law school, you can refinance your undergrad and law school loans.

You may also consider taking out a private student loan with SoFi to finance the rest of your law school experience. SoFi offers flexible repayment plans and a quick application with no fees.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

SoFi Private Student Loans
Please borrow responsibly. SoFi Private Student loans are not a substitute for federal loans, grants, and work-study programs. We encourage you to evaluate all your federal student aid options before you consider any private loans, including ours. Read our FAQs.

Terms and Conditions Apply. SOFI RESERVES THE RIGHT TO MODIFY OR DISCONTINUE PRODUCTS AND BENEFITS AT ANY TIME WITHOUT NOTICE. SoFi Private Student loans are subject to program terms and restrictions, such as completion of a loan application and self-certification form, verification of application information, the student's at least half-time enrollment in a degree program at a SoFi-participating school, and, if applicable, a co-signer. In addition, borrowers must be U.S. citizens or other eligible status, be residing in the U.S., and must meet SoFi’s underwriting requirements, including verification of sufficient income to support your ability to repay. Minimum loan amount is $1,000. See SoFi.com/eligibility for more information. Lowest rates reserved for the most creditworthy borrowers. SoFi reserves the right to modify eligibility criteria at any time. This information is subject to change. This information is current as of 04/24/2024 and is subject to change. SoFi Private Student loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org).

SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SOSL0923051

If you dread your student loan payments each month because you aren’t sure whether you can afford to cover the minimum payment, know that there are solutions to make student loans more manageable. One option is hiring a student loan consultant to help create a customized repayment plan.

While some borrowers might find their advice valuable, either might find it’s not worth the expense – especially if they’re already struggling to find a way to make their loan payments. Here’s what you should keep in mind if you’re thinking of working with a student loan consultant.

What Is a Student Loan Consultant?

Americans owe nearly $1.8 trillion in collective student loans. As student loan debt has increased, student loan consultants have emerged to help students navigate the loan process. Most student loan consultants work independently from colleges or universities, and are not affiliated with specific repayment programs. Student loan consultants work one-on-one with borrowers to identify their repayment needs and try to set them up on a path of debt payoff success.

Knowing What They Can Help With

There are five main ways a student loan consultant can help you:

•   Recommending a student loan repayment strategy

•   Offering personalized guidance specific to your finances

•   Explaining student loan jargon

•   Researching your loan details

•   Communicating with lenders on your behalf

Before seeking out a student loan consultant, it might be helpful to identify your specific needs. If you don’t understand the difference between consolidation and refinancing, for example, then talking with a consultant about student loan jargon could be helpful.

If calling lenders sends you into a panic, maybe that’s where you want the consultant’s help. And if you’re struggling to make your minimum monthly payments, you could potentially talk to a consultant about finding a better student loan repayment plan.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

Understanding What You’re Paying For

The cost of a student loan consultant can vary widely, and can come in the form of an hourly fee, flat rate, or annual fee. You could expect to pay anywhere from as little $50 to upwards of $600 or more for help from a student loan counselor. Making sure their services are worth the money you are paying is important, of course, and that can be done by confirming that their services aren’t something you could do on your own—like finding a federal income-driven repayment plan (which we’ll get into below). It’s also important to ensure that the cost doesn’t prevent you from making your student loan payments.

Before speaking with a consultant, finding out what is possible and what sounds too good to be true can help you weed out any scammy student loan consultants. And when you’re trying to understand what you can do on your own (without a consultant’s help), a good place to start is the Consumer Financial Protection Bureau .

Knowing What Programs Are Available for Free

A fair number of programs to help with student loan payments are available to everyone, without a fee. For example, before seeking out a student loan consultant, you could look into enrolling in a federal income-driven repayment (IDR) plan.

Typically, when you graduate from college or reduce your attendance to under half-time, you’re automatically put on the 10-year Standard Repayment Plan. However, borrowers looking to reduce the monthly payments on their federal student loans may qualify for an IDR plan, which reduces your monthly payment to a small percentage of your discretionary income and extends the repayment term up to 25 years (the exact details depend on the specific plan you choose). After the repayment period is up, any remaining balance is forgiven (but may be subject to taxes).

The newest IDR plan, Saving on a Valuable Education (SAVE), caps monthly payments at 5% to 10% of your discretionary income and shields more of your income from the payment calculation compared to older plans. It also forgives student loan debt as soon as 10 years into repayment for borrowers with smaller starting balances.

Because these repayment plans extend your loan term, you may pay more interest over the life of your loan. Even so, it could bring much-needed immediate relief and result in some loan forgiveness.


💡 Quick Tip: When refinancing a student loan, you may shorten or extend the loan term. Shortening your loan term may result in higher monthly payments but significantly less total interest paid. A longer loan term typically results in lower monthly payments but more total interest paid.

Asking a Neutral Party for Help

If you have a conflict regarding one of your federal student loans, you can ask for help from the Federal Student Aid Ombudsman Group , which serves as a neutral party. They can resolve discrepancies with loan balances and payments, and help identify loan repayment options. You can also try to resolve the dispute before contacting the Ombudsman Group. Or you can file a complaint through the Consumer Financial Protection Bureau.

Considering a Nonprofit Credit-Counseling Agency

The National Foundation for Credit Counseling can help you find a qualified credit counseling agency, which can aid you in creating a budget and even negotiating a new payment plan with creditors. The U.S. Department of Justice also offers an online database of credit-counseling agencies .

Making Sure the Consultant Isn’t Providing a Redundant Service

It’s important to make sure the consultant’s service isn’t something you could do on your own. For example, you could lower your monthly payment on your federal student loans by opting for an income-driven repayment plan without paying a consultant for their services.

You can also consider consolidating your federal loans through a Direct Consolidation Loan, which is also free. A Direct Consolidation Loan allows you to combine all of your federal loans into one, and gives you a new interest rate that’s a weighted average of your current interest rates, rounded up to the nearest eighth of a percent. While you won’t have a lower overall interest rate, you could lower your monthly payments and simplify the repayment process.

Refinancing Your Student Loans

If you’re looking for alternative ways to pay off your student loan debt, you could also consider student loan refinancing. When you refinance your student loans, you take out a new loan with a private lender and then use the proceeds to pay off one or more existing student loans. Ideally, the refinanced loan has a better interest rate and terms.

Extending your loan term through refinancing can lower your monthly payments. But it does mean paying more in interest over the life of the loan.

Alternatively, refinancing to a lower interest rate and shorter loan term could cost you less in interest over the life of the loan and help you pay it off faster. Keep in mind, however, that refinancing with a private lender means you’ll no longer be able to access federal loan benefits like income-driven repayment plans.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SOSL0923052

It could come as a dreaded envelope in your mailbox, or as a call from an unknown number you’re afraid to take. Whether you’re receiving calls or mail from a debt collector or are going out of your way to avoid either (or both!), you’ll probably want to know: What is a debt collection agency, and how does it work?

How Do Collection Agencies Work?

At their most basic, debt collection agencies exist in order to try to get borrowers to pay their overdue debts. Debt collection companies make money by buying debt from lenders, often for pennies on the dollar, and then attempting to get the original amount owed from the borrower.

A bill that’s 30 days past due is otherwise known as a delinquent account. Lenders and creditors have some leeway when they report overdue debts to credit bureaus. For borrowers who continually miss payments, a lender may report a missed payment right at the 30-day mark. But for a borrower who has a positive repayment record, a lender might allow a few missed payments before reporting it to the credit bureaus.

A debt is typically not sent to a collection agency until several months have gone by and your lender no longer wants to put effort into collecting the debt from you. Instead, the lender might either enlist an agency that is hired to collect third-party debts or sell the debt to a collection agency. Once the debt has been sold to a debt collection agency, you may start to get calls and/or letters from that agency.

You may be wondering what a collection agency can do to you. The debt collection industry is heavily regulated, and borrowers have many rights when it comes to dealing with bill collectors. Debt collectors are allowed to try to get you to pay, but they are restricted by the Fair Debt Collection Practices Act (FDCPA), which prohibits them from harassing you or lying to you in order to collect your debt. Despite this, debt collectors will try everything in their power to get you to pay your old debt.


💡 Quick Tip: With average interest rates lower than credit cards, a personal loan for credit card debt can substantially decrease your monthly bills.

What Is a Debt Collector?

A debt collector can be either an individual person or an agency. In either case, their task is to collect overdue debts from those who owe them. Sometimes referred to as collection specialists, an individual debt collector may be responsible for many accounts. They may be paid a base salary plus commission, so they have a high incentive to convince the debtor to pay.

What Do Collection Agencies Do?

Debt collection agencies are hired by creditors and are generally paid a percentage of the amount of the debt they recover for the creditor. The percentage a collection agency charges is typically based on the age of the debt and the amount of the debt. Older debts or higher debts may take more time to collect, so a collection agency might charge a higher percentage for collecting those.

Some agencies may also charge a flat fee for collecting a debt. Others work on a contingency basis and only charge the creditor if they are successful in collecting on the debt.

The debt collection agency enters into an agreement with the creditor to collect a percentage of the debt — the percentage is stipulated by the creditor. One creditor might not be willing to settle for less than the full amount owed, while another might accept a settlement for 50% of the debt.

When the debt is collected, the agency takes its payment from the amount paid and sends the remainder to the creditor.

Recommended: What Are the Common Uses for Personal Loans?

How is this different from a debt buyer?

The main difference between a debt collector and a debt buyer is the stage the debt is with the creditor. If a creditor is still trying to collect a debt, either on its own or through a debt collection agency, the debt is considered to be a current debt. But if a creditor has given up trying to collect a debt, they may write off — or charge off — the debt, no longer expecting it to be paid.

A debt collector is hired by the creditor to attempt to collect what is owed on the current debt by the debtor.

A debt buyer, in comparison, doesn’t work for the creditor like a debt collector does. They buy debts that have been charged off by creditors, sometimes buying a collection of old debts from a single creditor. They may pay very little for the debt, sometimes just a few cents of what was originally owed. Debt buyers then attempt to collect the debt, sometimes using aggressive tactics.

The debt buyer buys only an electronic file of information, often without supporting evidence of the debt. The debt is also generally very old debt, sometimes referred to as “zombie debt” because the debt buyer tries to revive a debt that was beyond the statute of limitations for collections.

How to Deal With a Debt in Collections

Debt collection agencies may contact you either in writing or by phone.

If your first instinct is to hang up when you get a phone call from a debt collector, you’re not alone. But not talking to them won’t make the debt go away, and they may just try alternative methods to contact you, including suing you. When a debt collector calls you, it’s important to get some initial information from them, such as:

•  The debt collector’s name, address, and phone number.

•  The total amount of the debt they claim you owe, including any fees and interest charges that may have accrued.

•  The date the debt was incurred and who it was originally owed to.

•  Proof they have that the debt is actually yours.

The debt collector must let you know that you have the right to dispute the debt and how to do so. If they don’t say this in their first contact with you, they must notify you of your right to dispute within five days of their initial contact with you. Under the FDCPA, a debt collector must send a debt validation notice, which must include certain information.

•  The letter must state that it’s from a debt collector.

•  Name and address of both the debt collector and the debtor.

•  The creditor or creditors to whom the debt is owed.

•  An itemization of the debt, including fees and interest.

They must also inform you of your rights in the debt collection process, and how you can dispute the debt.

•  If you don’t dispute the debt within 30 days of their first contact with you, they’ll assume the debt is valid.

•  If you do dispute the debt within 30 days, they must cease collection efforts until they provide you with proof that the debt is yours.

•  They must provide you with the name and address of the original creditor if you request that information within 30 days.

The debt validation notice must include a form that can be used to contact them if you wish to dispute the debt.

The FDCPA ensures that consumers aren’t harassed during the collections process. Some things debt collectors cannot do are:

•  Make repeated calls to a debtor, intending to annoy the debtor.

•  Threaten physical violence.

•  Use obscenity.

•  Lie about how much you owe or pretend to call from an official government office.

How Does a Debt in Collections Affect Your Credit?

Generally, unpaid debt is reported to the credit bureaus when it’s 30 days past due. If payments continue to be missed, additional late payments will be reported, and with each missed payment, your credit is likely to be negatively affected.

If your debt is transferred to a debt collector or sold to a debt buyer, an entry will be made on your credit report. Each time your debt is sold, if it continues to go unpaid, another entry will be added to your credit report.

Each negative entry on your credit report can remain there for up to seven years, even after the debt has been paid. This, of course, will likely affect your credit score. Higher credit scores may take a greater hit than lower credit scores.

A late payment or collections entry on your credit report could lower your credit score by as much as 110 points, a debt settlement entry could lower it by as much as 125 points, and a bankruptcy could lower it up to 240 points.

Recommended: How to Check Your Credit Score for Free

Alternatives to Debt Collection Agencies

You have options when it comes to dealing with your debt. Here are a few you may want to consider.

Credit Consumer Counseling Services

With credit consumer counseling services, you may be paired with a trained credit counselor who works with you to develop a debt management plan. Generally, counselors don’t negotiate a reduction in debts owed, but they could help lower monthly payments by working to increase the loan terms or lower interest rates. A plan may require you to make a single monthly payment to the agency, which then makes monthly payments to all of your creditors.

The credit counselor can also provide guidance on your money and debts, work with you to create a budget, and even offer free workshops or financial literacy materials.

Many agencies are nonprofit and offer counseling services for free or at a low cost. To find a nonprofit agency that’s certified by the Justice Department, you may want to start with this list.

Debt Settlement

Debt settlement is where a third-party company negotiates with your creditors or debt collectors on your behalf to try to reduce your debt.

Paying off less debt might sound like an easy win, but debt settlement can come with some big financial risks, possibly affecting the debtor’s credit score and ability to access credit in the future, and costing more along the way. Plus, creditors are under no obligation to accept a settlement proposal, and not all creditors will negotiate with a debt relief company.

Instead of paying a company to negotiate on your behalf, you can try talking directly to your creditors for free. While creditors may not reduce your debt, they may be open to negotiating for a lower rate or offering a modified payment plan so your payments are more manageable.

Debt Consolidation

If you have multiple, high-interest debts, you may choose to consolidate them into a new, single personal loan. Ideally, this new loan has a lower interest rate or more favorable terms to help streamline the repayment process.
Personal loans are often unsecured, which means no collateral is required to secure the loan. They can have fixed or variable interest rates, but it’s usually easy to find a lender that offers fixed-rate personal loans.

Note that some loans come with origination fees, which can add to the total balance you’ll have to repay. You may also be charged with late fees, prepayment penalties, or other fees. Make sure you understand any fees or penalties before you sign the loan agreement.


💡 Quick Tip: Before choosing a personal loan, ask about the lender’s fees: origination, prepayment, late fees, etc. SoFi personal loans come with no-fee options, and no surprises.

The Takeaway

If you’ve received a phone call or letter from a debt collector, it helps to understand how debt collection agencies work and how to deal with a debt in collections. Avoiding a collector won’t make your debt disappear — it’s better to get all the information you can from the debt collector to help you make informed choices as you go through the collections process or dispute the debt. And if you’re having trouble managing multiple high-interest debts, remember there are options available to help get control of your finances.

Think twice before turning to high-interest credit cards. Consider a SoFi personal loan instead. SoFi offers competitive fixed rates and same-day funding. Checking your rate takes just a minute.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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If your student loan was sold to another company, you will be notified of your new servicer and make your same monthly payment to them. Your old lender will send the monthly payments to your new lender while this transition occurs, but it’s still ultimately up to you to make sure it’s getting to the new lender by the payment due date.

Selling student loans between companies is a common practice, but learning that your loan was sold to another company might feel jarring if you aren’t prepared for what this entails. If a student loan transfer occurs while you’re paying back your loan, here’s what you should know.

Student Loans Explained

Student loans are an installment-based financing option for students who don’t have cash on-hand to pay for their education. Federal loan funds are offered by the Department of Education, such as Direct Loans. You can also borrow private student loans from non-government sources, such as banking institutions, credit unions, and online lenders.

When you borrow a student loan, the lending company provides you with a lump-sum loan disbursement to pay for school. In exchange, you agree to make incremental monthly payments to the lender for the principal loan balance, plus accrued interest. Your repayment period is predetermined and is on your loan agreement. Typically, you’ll have multiple years to repay your student loan in full.

Most federal student loans, such as Direct Subsidized Loans and Direct Unsubsidized Loans, are not due until you graduate, withdraw, or drop below half-time enrollment. You will also have a six-month grace period on these loans. Private student loans typically are not due while in school, either, and may come with their own grace period. This will vary by lender, so make sure to look at all the details of the loan before signing.

How Selling Student Loans Works

While you’re engaging with your lender or servicer during the repayment period, a separate process can take place behind the scenes among lenders.

Whether you have federal or private student loans, the existing company that owns your loan might sell or transfer your student loans to another lender or servicer. How selling student loans works is essentially how it sounds. The current owner of your loan sells the loan account for the cost of the loan balance, plus an additional fee based on the loan terms.

Lenders sell the student loans they create to get the account off of its balance sheet and to increase their liquidity. Since the loan is sold at a premium, the original lender uses that money to create more loans for new borrowers.

Your Loan Servicer After a Student Loan Transfer

The new company that purchased your loan might technically be your lender and loan servicer; in this case, you’d make payments directly to your new lender.

Conversely, your new lender might have purchased your loan, but hired a third-party company to service the loan. In this scenario, you’d send your monthly payments to the third-party servicer that’s partnering with the loan company.

What to Do If Your Student Loan Is Transferred to Another Company

Transferring lenders shouldn’t greatly impact you or the terms of your loan. During the time leading up to the official transfer date and shortly afterward, however, you can protect yourself with a few simple steps.

Expect an Alert From the Company

Your current loan company should communicate the student loan transfer in advance. Typically, you’ll receive an email or mailed letter which details the new company’s name and contact information, transfer date, and possibly payment instructions for your repayment plan.

During this preliminary period, continue making payments based on your usual due date. If you just stop paying your student loan, you risk incurring late payments or delinquency.

Make Sure It Is Not a Scam

When public announcements about student loan transfers are released, scammers might take advantage of unsuspecting borrowers by posing as their new lender or servicer.

For example, you might receive an unsolicited phone call from a scammer alleging that they need your credit card number to set up your student loan account for auto-pay.

The best way to avoid scams for student loans during a transfer is by confirming the new company’s name and contact information directly with your original lender.

Contact New Company

Once you’ve confirmed who’s taking over your student loans, reach out to the new company to ask how you should make payments once your loan is transferred to its system.

After the transfer takes place, create an online account through the company’s website to access your student loan details. From there, make sure your payment information is correct and that you’ve enrolled in automatic payments, if desired. Upon creating your account, double-check that the loan data the company received matches your records.

This includes your remaining loan amount balance, interest rate, term, and repayment plan. If anything is incorrect, contact your servicer immediately to correct the issue.

Can I Refinance My Student Loans If They Are Transferred?

If your student loan was sold and you are dissatisfied with your experience with the new company, refinancing can be an option.

Refinancing student loans lets you transfer your student loan to another lender. The difference with this type of transfer is that it creates an entirely new loan in place of your old one. With a new refinance lender, your loan details, such as interest rate and terms, will change.

No two lenders have the exact same refinance student loan offer. Borrowers with a strong credit profile and low debt-to-income ratio, however, can qualify for the most competitive interest rates.

If you choose to refinance your federal student loans with a private lender, you will lose access to certain federal benefits, such as student loan forgiveness and income-driven repayment plans. If you are currently using these benefits or plan to in the future, it is not recommended to refinance your student loans.

Refinancing Your Student Loans With SoFi

Selling student loans is ultimately one way in which financial institutions can secure enough liquidity to create new loans for students. Although you don’t have control over whether your loan is sold or not, it doesn’t affect the fine details of your student loan debt. You’ll still owe the amount that’s unpaid for the duration of your term and be charged the same rate.

You do, however, have the option to refinance your student loans with a new loan and new lender. If you do choose to refinance, consider SoFi. Refinancing with SoFi lets you access low rates and it only takes two minutes to see if you prequalify.

FAQ

What happens when your student loan gets sold?

If your loan was sold to another company, your original loan’s unpaid balance, interest rate, and repayment terms remain the same. You’ll need to direct your payments to the new company if it’s also servicing your loan. If the new company purchased your loan, but is not servicing it, reach out to them to confirm where your payments should be sent.

What happens when student loans are transferred?

Your student loan details, including your outstanding balance, interest rate, and repayment period, won’t change during a student loan transfer. Before the transfer takes place, you’ll receive a notice from your lender or servicer. Once the transfer is complete, check your loan details to ensure it’s accurate, and confirm where to send future payments so they arrive on time.

Can a student loan be sold to a collections agency?

Yes. Student loans that are in default — meaning the borrower has stopped making payments for an extended period — can be sold to a collections agency. The collection agency will take every legal measure to collect the unpaid debt, including suing you in court.

Photo credit: iStock/LumiNola
SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.