Key Points
- Settling federal student loans for less than you owe is rare and usually happens only after default.
- Private student loan settlements are more common but can severely damage your credit and carry tax consequences.
- Most borrowers are better off exploring income-driven repayment or forgiveness programs before attempting settlement.
Settling a student loan means negotiating with your lender or servicer to accept a lump-sum payment that is less than the current balance owed. In other words, you pay part of your debt in exchange for the lender agreeing to forgive the rest.
This can sound appealing, especially if your balance has ballooned from years of interest or collection fees. But settlements are extremely limited (especially for federal loans) and often come with long-term costs.
Here’s what to know about settling your student loans.
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Can You Settle Federal Loans For Less Than You Owe?
While you can technically settle your federal loans — whether they are FFEL or Direct Loans that are in default — it’s highly unlikely that you will be able to. Why? Federal loans are money owed to the U.S. Taxpayer. As such, Congress sets the rules by which you can settle, and there are just too many ways the US government can collect from you once you’re in default.
They can garnish your wages, take your tax refunds, garnish your Social Security, or go after other federal benefits. They don’t need court approval to begin wage garnishment, either, like private loan owners do.
In fact, the Department of Education issues no public guidelines on settling federal loans because they do not want to encourage anyone to do so.
However, the Education Department does issue internal guidelines to their contracted collection agencies and guaranty agencies. (Guaranty agencies are organizations that guarantee FFELP loans against default and often service them as well, like AES.)
This Department of Education guideline memo to guaranty agencies from 1993 states that guaranty agencies are permitted to “compromise” or settle the loan under certain conditions and up to certain amounts.
Those allowable settlement or compromise offers are:
- Waiver of debt collection fees
- 50% waiver of interest and fees
- 90% of principal and interest
But say you do decide to go this route, you have to be ready with a good offer to negotiate with the collection or guaranty agency. And realize, this is all based on your current loan balance – notice how none of the offers really lower what you actually borrowed.
Can You Settle Private Student Loans?
Private student loans, however, are a different story. These loans operate more like credit card debt – if you stop paying, the lender or a collection agency may be willing to negotiate.
When settlement might be possible:
- The loan is in default or has been charged off.
- The lender believes collecting the full amount is unlikely.
- You can make a lump-sum payment (often 40–70% of the total balance).
Example:
A borrower with a $20,000 private loan in collections might offer $10,000 in cash to close the account. The lender agrees, marks the debt as “settled,” and stops further collection.
While this can end the debt, it comes with downsides:
- Credit damage: A settled account remains on your credit report for up to seven years.
- Tax liability: The forgiven balance is typically considered taxable income.
- Lump-sum payment requirement: You’ll need to pay quickly, often within 90 days.
Strategic Default To Get A Settlement
Some people consider defaulting strategically for the purpose of settling their loan. While this may be a strategy towards success if everything goes right, you could easily wreck your credit, open yourself up for litigation from your lender, and not even get want you want out of your settlement deal.
You could accrue fees and interest along the way. And you may still be stuck with the loan in the end. This is definitely more of an option for private loans, but certainly not one we recommend.
How To Start Negotiating A Student Loan Settlement
We don’t recommend most people try to negotiate this themselves – this is where you want to get a student loan lawyer involved. But if you’re set on it, here’s some basic steps to get started:
- Confirm loan type. Use your Federal Student Aid dashboard (studentaid.gov) to verify whether your loans are federal or private.
- Contact your servicer or collection agency. Ask if they’re authorized to negotiate and what settlement terms might apply.
- Request all offers in writing. Never rely on a verbal agreement – ensure terms include payment amount, due date, and language that your balance will be satisfied.
- Consult a student loan attorney or certified financial counselor. Settlements can have major legal and tax consequences.
- Get proof of payment and closure. Keep records indefinitely in case the debt resurfaces.
Alternatives (That Are Likely Better)
For most borrowers, settlement should be a last resort. Other options can provide long-term relief without wrecking your credit.
Federal loans:
- Income-Driven Repayment (IDR): Caps payments at 10–20% of discretionary income and can lead to forgiveness after 20–25 years.
Private loans:
- Ask about temporary forbearance, hardship programs, or refinancing options before considering settlement.
These programs often reduce or pause payments without requiring default, helping protect your credit and long-term financial stability.
What To Watch Out For
Borrowers in default are some of the most heavily preyed on for student loan scams. Make sure you are watching out for these key things:
- Debt settlement companies: Many advertise that they can “erase your student loans for pennies.” Most cannot. Avoid anyone asking for upfront fees or guarantees.
- Tax surprises: The IRS generally treats forgiven debt as taxable income, unless you qualify for an exclusion such as insolvency. Run the tax bomb calculator to understand the impact.
- Default risks: Once you stop paying to pursue settlement, your credit score can plummet, and collection actions may escalate.
Always verify offers through your loan servicer or directly with the Department of Education.
FAQ
Can you settle federal student loans without defaulting?
No. Federal settlements are only considered after default, once the loan enters collections.
Is forgiven or settled debt taxable?
Yes. The canceled portion of a private loan is generally taxable as income, though insolvency exceptions may apply. Federal settlements may or may not trigger taxes depending on terms.
Can I negotiate a payment plan instead of a lump sum?
Occasionally, collection agencies may accept short-term installment settlements, but lump-sum offers are preferred.
How does settlement affect my credit?
The loan will be reported as “settled for less than the full balance,” which can lower your credit score for up to seven years.
Bottom Line
Settling student loan debt for less than you owe is possible, but it’s rare, risky, and often unnecessary. For most borrowers (especially those with federal loans) income-driven repayment, forgiveness programs, or rehabilitation offer better paths to long-term relief.
If you’re in default or overwhelmed by private loans, speak with your loan servicer or a student loan attorney before negotiating any settlement.
Don’t Miss These Other Stories:
How To Get Out Of Student Loan Default
How Do Student Loans Impact Your Credit Score?
How To Find Out Who Owns Your Student Loans
Editor: Clint Proctor
Reviewed by: Chris Muller
The post Can You Settle Student Loan Debt For Less Than You Owe? appeared first on The College Investor.
