First, there is no need to panic: You cannot be arrested simply for defaulting on your federal loans.
“If anyone out there thinks that it is the top priority of the U.S. Marshal’s Service to arrest student-loan violators, they are sadly mistaken,” Richard Hunter, chief deputy U.S. marshal for the southern district of Texas, told me in an interview.
Marshals had made several attempts to contact Aker to appear in federal court, according to Hunter. Notices were sent to numerous known addresses. Marshals spoke with Aker by phone and requested that he appear in court, but Aker refused, a statement from officials said. So a federal judge issued a warrant for Aker’s arrest for failing to appear at a December 2012 hearing.
“A big misconception is people are being arrested for not paying their loans, when in fact they are being arrested for failure to appear in court,” Hunter said. “At the point the U.S. marshals show up at your door, there have been months — perhaps many years — of notices, summons, et cetera, issued.”
Here comes the second lesson in this story.
During the Houston news broadcast, Rep. Gene Green (D-Tex.) asked Aker whether he had been notified by anyone ahead of time about the state of his loan. “You didn’t receive any kind of notice?” Green asked. “No certified mail? Nobody coming out saying, ‘This is the debt you owe?’ ”
“Nothing in almost 30 years,” Aker said.
We now know from court records dating to 2007 that Aker had indeed been contacted about the debt. A default judgment was entered for $2,709.47. But more to the point, even if he hadn’t been served about the loan, he is ultimately accountable for keeping track of how much he borrowed. It’s your responsibility to know what you owe. If you move, let your lenders know. If you haven’t been receiving bills, call and find out why.