Student loans
What does default on a federal student loan mean?
A federal Direct Loan or FFEL loan is in default when you have not made your scheduled payments for at least 270 days. Default makes the whole balance due at once and lets the loan holder garnish wages or have tax refunds and federal benefits withheld, in most cases without suing you. It does not change the bankruptcy rule: the loan can still be discharged only if you prove undue hardship.1 2 3 4 5
Start your student loan discharge journeyDefault is the point where a federal student loan stops behaving like ordinary debt. Here is when it starts, what the government can do, and how people get out.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
of missed scheduled payments puts a federal Direct Loan or FFEL loan in default1 2
Federal Student Aid: Student Loan Delinquency and Default (studentaid.gov) and 34 CFR 685.102(b) (eCFR)
When does a missed payment become default?
Not right away. A loan is delinquent first, and default comes later if nothing changes.1 2
| Stage | What happens |
|---|---|
| The first day after a missed payment1 2 | The loan is past due, or delinquent. It stays delinquent until you pay the past due amount or make other arrangements. |
| 90 days or more of delinquency1 2 | The servicer reports the delinquency to the national credit bureaus. |
| At least 270 days without scheduled payments1 2 | The loan is in default. |
These timings are for Direct Loans and FFEL loans. Perkins Loans follow different rules, so ask the school or servicer that holds the loan.1 2
What does default trigger?
Federal Student Aid lists the consequences. Several of them land at the same time.1
- The entire unpaid balance and any interest become due immediately. This is called acceleration.1
- Your tax refunds and federal benefit payments may be withheld and applied to the loan. This is called Treasury offset.1
- Your wages may be garnished.1
- You can no longer get a deferment or forbearance, or choose a repayment plan, and you lose eligibility for more federal student aid.1
- The default is reported to credit bureaus.1
- The loan holder can take you to court, and you may be charged court costs, collection fees and attorney's fees.1
How can the government collect without suing you?
Through wage garnishment that needs no court order. For a defaulted federal student loan, the loan holder can order your employer to withhold up to 15% of your disposable pay, which is what remains after deductions required by law. You must be sent written notice at least 30 days before it starts.3 4
You have the right to a hearing. Federal Student Aid says the request must be in writing and postmarked no later than 30 days from the date the garnishment notice was sent. You can object that the debt does not exist, is the wrong amount or cannot be enforced, or that garnishment would cause extreme financial hardship.3 4
The other tool is Treasury offset, which reaches tax refunds, Social Security payments and other federal payments. A notice of intent to offset comes first, giving 65 days before offset is scheduled to begin.3
When we checked StudentAid.gov on October 13, 2026, it said collections through Treasury offset and administrative wage garnishment were currently paused. The page gives no end date, so check the current notice there.3
How do people get out of default?
The two main ways are loan rehabilitation and loan consolidation. Paying the loan in full is a third, though Federal Student Aid says that is not a practical option for most borrowers.6
Rehabilitation means agreeing in writing to make nine voluntary, reasonable and affordable monthly payments, and making them over 9 or 10 consecutive months. Afterward the default status is removed, garnishment and offset stop, and the record of default comes off your credit history, although earlier late payments still show.6
Collection does not always stop the day you sign a rehabilitation agreement. Garnishment or offset may continue until the loan is out of default or you have made at least five of the rehabilitation payments, and those involuntary payments do not count toward the nine.6
Consolidation means paying off the defaulted loan with a new Direct Consolidation Loan. You must either agree to repay the new loan under an income-driven repayment plan or first make three consecutive, voluntary, on-time, full monthly payments. It does not remove the record of default from your credit history.6
Rehabilitation has been a one-time opportunity. Federal Student Aid says that beginning July 1, 2027 a borrower will be able to rehabilitate a defaulted loan twice.6
Help with any of this is free from your loan holder. Federal Student Aid says to walk away from any company that asks for a fee to get you out of default.3 6
Does default hurt a later discharge case?
Default does not move a loan into or out of the bankruptcy rule. Either way, it is discharged only if repaying it would impose an undue hardship.5
It also does not erase your earlier record. In federal student loan cases, government attorneys are told to look at the entire life of the loan, not only its recent history. Where other evidence of good faith exists, failing to repay does not show a lack of good faith.7
What does filing bankruptcy do to collection on a defaulted loan?
Filing a bankruptcy petition triggers the automatic stay, which stops most collection actions, including garnishments. Federal Student Aid also lists being currently in bankruptcy as a valid objection to Treasury offset.8 3
That is relief while the case is open. It is not a discharge of the loan, which takes a separate lawsuit inside the bankruptcy case and proof of undue hardship.9
Common questions
How much of my pay can be garnished for a federal student loan?
Up to 15% of your disposable pay, which is what remains after deductions required by law. A larger share needs your written consent.3 4
Can my employer fire me because of the garnishment?
No. An employer may not fire, refuse to hire or discipline a worker because of a student loan garnishment.3 4
I just started a new job after a layoff. Can my wages be garnished?
The law says that if you were involuntarily separated from a job and have been reemployed within 12 months, nothing may be deducted until you have been reemployed continuously for at least 12 months. It is one of the objections you can raise at a hearing.3 4
Does default make a student loan impossible to discharge?
No. The same rule applies to a defaulted loan as to any other student loan: it can be discharged if repaying it would impose an undue hardship.5
Sources
Official courts & government references- Federal Student Aid: Student Loan Delinquency and Default (studentaid.gov)
- 34 CFR 685.102(b) (eCFR)
- Federal Student Aid: Collections on Defaulted Loans (studentaid.gov)
- 20 U.S. Code § 1095a (Cornell LII)
- 11 U.S. Code § 523(a)(8) (Cornell LII)
- Federal Student Aid: Getting Out of Default (studentaid.gov)
- DOJ: Guidance for Department Attorneys Regarding Student Loan Bankruptcy Litigation (Nov. 17, 2022)
- Glossary of Legal Terms (uscourts.gov)
- DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)