What Happens If I Default on a Personal Loan? - NerdWallet (2024)

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You had every intention of repaying your personal loan. But then life happened — maybe an unexpected job loss, injury or divorce — and now you’ve missed a payment and you’re facing default.

Defaulting on a personal loan means your monthly payment is overdue. It can cause your lender to send the loan to collections, and your credit score may take a significant hit.

Here’s what to expect if you default on a personal loan, and steps to take now if you face default.

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MORE DEBT CONSOLIDATION LOANS

When is a personal loan in default?

Typically, a personal loan is in default when a payment is late by 90 days. The exact timing depends on the type of loan, the lender and the terms of your loan agreement.

Personal loans are delinquent, but not in default, if a payment is just a few days late. You may be charged a late fee after a grace period of about 15 days. The fee can be charged as a dollar amount (around $10 to $30) or a percentage of the payment due (typically 5% to 15%).

The payment must be at least 30 days past due for the lender to report it as a late payment to the three major credit bureaus (Equifax, Experian and TransUnion).

» MORE: How long do derogatory marks stay on your credit report?

Personal loan default consequences

Late payments reported to the credit bureaus can knock as much as 100 points off of your FICO credit score if you have good to excellent credit (690 to 850).

Missed payments not only damage your credit score; they also stay on your credit report for up to seven years and can make it harder to qualify for new credit or get a low interest rate.

» MORE: Best personal loan interest rates

Once your loan is officially in default, the lender either moves the unpaid loan balance to an in-house collections department or sells it to a third-party debt collector. You may receive phone calls, letters, e-mails or text messages from the collection company to recover the debt.

If your loan is unsecured, the lender or debt collector can take you to court to seek repayment through wage garnishment or place a lien on an asset you own such as your house.

If the loan is secured by an asset such as your car, savings or investment accounts, the lender has the right to seize the asset to recover its losses, as stated in the loan agreement.

For example, if the loan was secured by a car title, the lender may send a letter demanding payment. It can repossess the vehicle if not repaid within the specified time frame.

Finally, if you have a co-applicant on your loan, whether a co-signer or co-borrower, that person is on the hook to repay the loan if you default.

» MORE: Sued for debt? Here’s what to expect

What to do if you face loan default

Contact the lender: Be proactive and call the lender before your next payment is due. The lender may be able to provide some relief — such as temporary suspension or deferment of loan payments — if you explain your situation.

Know your rights: Understand your rights under the Fair Debt Collection Practices Act (FDCPA) if you face default or if your debt has already entered collections.

It’s illegal for debt collectors to use abusive, unfair or deceptive practices when attempting to collect on debts. If a debt collector is harassing you or breaking the law, you can file a complaint with the Consumer Financial Protection Bureau and contact your state’s attorney general.

Contact a lawyer: If you’ve already been served with a lawsuit, seeking legal help is likely your best course of action.

You’ll need to appear in court to avoid a default judgment in which a judge resolves the case and automatically rules in favor of the lender or debt collector.

Speak with a credit counselor: A credit counseling agency can work with you on your budget or create a new budgeting plan, which can free up cash to pay down what you owe and help you stay current on all of your debts.

What Happens If I Default on a Personal Loan? - NerdWallet (2024)

FAQs

What Happens If I Default on a Personal Loan? - NerdWallet? ›

Personal loan default consequences

What happens if a personal loan goes into default? ›

Typically, after 120 to 180 days, the lender can charge off your account and sell your debt to a collection agency. Lenders may also be able to put a lien on the sale of your home or garnish your wages directly from your paycheck to recoup their payments.

What happens if you don't pay back a personal loan? ›

After you fail to make a few payments, your loan will be considered in default, which essentially means that you've failed to follow through on the terms of your loan agreement. Once you're in default, you can be contacted by debt collectors and even be asked to appear in court.

What is a potential consequence of defaulting on a loan? ›

-Your loans may be turned over to a collection agency and you will have to pay additional charges, late fees, and collection costs. -You may have part of your income withheld by the federal government. This is known as wage garnishment.

When you default on your loan means that you can no longer pay for them? ›

A default occurs when a borrower stops making required payments on a debt. Defaults can occur on secured debt, such as a mortgage loan secured by a house, or on unsecured debt, such as credit cards or a student loan. Defaults expose borrowers to legal claims and may limit their future access to credit opportunities.

How often do people default on personal loans? ›

Personal Loan Statistics by State
StateQ4 2022 Average new account balanceQ4 2022 Delinquency rate
CA$10,4543.47%
CO$12,3222.03%
CT$11,7122.57%
D.C.$9,0166.55%
47 more rows
Mar 22, 2023

Does Upstart sue for non-payment? ›

If you stop paying a personal loan you got through Upstart, you might be charged late fees and your credit score will drop. Other consequences of not repaying a personal loan through Upstart include going into default, being hounded by debt collectors and possibly being sued.

Is it a crime to default on a loan? ›

Payment history accounts for 35% of your FICO score. Importantly, it is not a crime to default on a loan. No lender can have you arrested for failing to pay a loan. Defaulting on a loan may be a civil offense, and you might have to appear in court.

Is it illegal to default on a loan? ›

Lenders don't have legal jurisdiction to arrest you for an overdue balance. However, defaulting on a loan will have serious financial implications.

What happens if I never pay my loans? ›

If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.

What are the two major consequences of default? ›

The consequences of default, which can be severe, include the following:
  • The entire unpaid balance of your loan and any interest you owe becomes immediately due. ...
  • You can no longer receive a deferment or forbearance, and you lose eligibility for other benefits, such as the ability to choose a repayment plan.

What is the danger of defaulting? ›

Default risk is the risk a lender takes that a borrower will not make the required payments on a debt obligation, such as a loan, a bond, or a credit card. Lenders and investors are exposed to default risk in virtually all forms of credit offerings.

Why do people default on loans? ›

According to this “cash-flow” theory, borrowers default when a negative life event reduces their cash flows, making it difficult to afford the mortgage payment.

What is a loan forgiveness program? ›

Public Service Loan Forgiveness (PSLF) PSLF allows qualifying federal student loans to be forgiven after 120 qualifying payments (10 years), while working for a qualifying public service employer.

How do I get out of a default loan? ›

What to Do if You've Defaulted on a Loan
  1. Try to negotiate a settlement. You may be able to negotiate with the lender or collection agency to settle for less than what you owe. ...
  2. Speak with a credit counselor. ...
  3. Consider other options for student loans. ...
  4. Consider bankruptcy.
Jan 22, 2024

Is a default worse than a late payment? ›

Even if a late payment only reduces your score a little, it could take you beneath the lender's cut-off point for approvals. Sometimes, late payments can lead to a default or a County Court Judgment. These are likely to have a more serious impact on your credit score.

Can loans in default be forgiven? ›

Defaulted loans are not eligible for any of our student loan forgiveness programs. But if you take advantage of Fresh Start, you'll get out of default status. Then you'll regain the ability to apply for forgiveness programs, including Public Service Loan Forgiveness.

How many missed payments before default? ›

Avoiding Defaults

Defaults are only given after six months of missed payments, so as soon as you realise you are getting into difficulties, speak to your creditor. Many will agree to a payment freeze or temporary lower payments to avoid the expense to them of pursuing the matter further.

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