What Happens When You Default on a Personal Loan? | LendingTree (2024)

Missing payments on a personal loan can have serious consequences. 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.

Keep reading to learn more about what happens when you default on a loan.

As far as what you can expect to happen when you default on a loan, there is no one-size-fits-all answer. The process can vary depending on the terms outlined in your unique loan agreement. However, the steps outlined below can give you a general idea of what to anticipate if you start missing payments.

0 to 30 days

Lenders typically don’t report a late payment to the credit bureaus until one full billing cycle has passed, which is usually around 30 days. This time is known as a “grace period.” However, you may still incur late fees during this period.

Late fees can either be a flat charge or a percentage of the loan amount. Typically, they can range anywhere from $10 to 5% of the past due amount.

30 to 90 days

After 30 days, your lender will likely report the missed payment to the credit bureaus, and you’ll begin to see a negative impact on your credit score. If multiple payments are more than 30 days late, each one will be reported to the credit bureaus as a separate occurrence.

Missed payment information can remain on your credit report for up to seven years.

90 to 120 days

While the exact timing depends on your loan agreement, after a few months of missed payments, your loan will transition from being in delinquency to being in default.

Defaulting on a loan means that you’re failing to repay the loan per the terms outlined in your loan agreement.

120 days or more

After 120 days or so, your debt will likely be “charged off” by the lender. Charging off debt involves the lender considering the account a loss and removing it from their books.

Keep in mind that you’ll still owe any debts that have been charged off. The debt will simply have been sold to a collections agency or debt collector. At this point, it will be up to the collections agency or debt collector to collect payment from you rather than your original lender.

Personal loan default consequences

Now that you know what the timeline looks like if you miss payments on a personal loan, it’s a good idea to learn how you’ll be affected if your account goes into default.

Defaulting on a secured loan

If you’ve taken out a secured personal loan — or a personal loan that is guaranteed by collateral — the consequences of default are a bit more severe than for unsecured debt. In this case, once you’ve missed a few payments, your lender has the right to repossess the asset that you’ve used to back the loan.

In some cases, the lender might not even be required to get a court order in order or inform you before repossessing your asset. However, this route is more common with auto loans and car title loans than secured personal loans. In others, particularly where a savings account or certificate of deposit (CD) secure the loan, the money will simply be withdrawn from the account.

In either scenario, it’s crucial to realize that going through a repossession does not protect your credit score. Any missed payments will still be reported to the credit bureaus, and you’ll see your score drop accordingly.

Defaulting on an unsecured loan

The vast majority of personal loans are unsecured. Unlike with secured loans, this means that there is no asset that the lender can repossess.

As a result, your credit score will absorb the majority of the impact from any missed payments. Then, once your account goes to collections, the collections agency has the right to sue you for the money you owe. If necessary, they can also get a court order to garnish your wages or put a lien on any assets you own, such as your home.

How defaulting on a personal loan affects your credit

Missed payments will have a dramatic impact on your credit score because payment history is the largest factor that makes up your credit score. It accounts for 35% of your overall FICO score and 40% of your VantageScore. As a result, even one missed payment can damage your score by almost 100 points if you have good or excellent credit.

Missed payment information can also impact your financing ability for the long haul. Although its impact on your score will diminish over time, late payment information stays on your credit report for seven years. Lenders can access this information, and it may make it harder to be approved for financing in the future.

Whether you think you may be at risk for missing payments or you’ve already defaulted on a loan, you should know that there are options available to you to lessen the impact on your credit score. Here’s an overview of what you can do:

  • Contact your lender: The best way to avoid defaulting on a loan is to be proactive and call your lender to explain your situation before you miss a loan payment. If you’re experiencing financial hardship, your lender may be able to offer some debt restructuring options, such as payment deferral or loan modification.
  • Talk to a credit counselor: Credit counseling agencies can help you negotiate with your creditors and form a plan to pay them back. If you think you might need help negotiating, consider reaching out to an agency near you. For best results, choose an agency that’s affiliated with the National Foundation for Credit Counseling (NFCC).
  • Learn about your rights: When your debt is in collections, you’re afforded certain rights under the Fair Debt Collection Practices Act. For example, debt collectors aren’t allowed to abuse or harass you. Take some time to familiarize yourself with the act so that you know your rights. If you feel that a debt collector has broken the law, consider filing a complaint against them with the Consumer Finance Protection Bureau (CFPB) or your state’s attorney general.
  • Hire a lawyer: When you’re facing a default judgment, you’ll likely need to appear in court to avoid having the judge automatically side with the debt collector or lender. In this case, it’s best to reach out to a lawyer for assistance.
What Happens When You Default on a Personal Loan? | LendingTree (2024)

FAQs

How bad is defaulting on a personal loan? ›

Personal loan default consequences

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.

What happens if I don't pay my personal loan? ›

Once you default, your creditor knows that you are unable to repay the loan. They may then switch into collections mode, either sending you to an in-house collection team or selling your debt to an outside debt collector.

Can you lose your house if you default on a personal loan? ›

You could face legal action and have property seized if you default on a secured personal loan. Because payment history is a big factor in your credit score, a default could cause a major drop.

What happens if you don't pay a loan and it goes into default? ›

Once you've defaulted, the lender may accelerate your loan, requiring you to pay the entire remaining balance. At that point, you could try to negotiate with your lender. But if you can't come to an agreement, the lender may opt to foreclose on the property after 120 days of non-payment.

Can a personal loan take your house? ›

Can You Lose Your House with a Personal Loan? If you have a secured personal loan with your home acting as collateral and you fall behind on your payments, your lender could foreclose on it to repay your debt.

How to get out of a personal loan you can't afford? ›

Actually, several remedies are in play – with these loan management solutions at the top of the list.
  1. Contact your lender immediately.
  2. Make a list – and make a repayment plan.
  3. Get some good financial help.
  4. Ask about loan payment deferment.
  5. Talk to a credit counselor.
  6. Refinance into a lower-cost personal loan.
Oct 30, 2020

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 a crime to borrow money and not pay it back? ›

While debt collectors can no longer have you jailed or threaten to have you arrested for not paying your debts, there are a few instances in which you can be incarcerated with debt as the underlying cause. For example, a debt collector can sue you and, if you fail to comply with court orders, you could get jail time.

What happens if you can't pay a private loan? ›

If you're unable to make your private student loan payments, the lender can report your default to consumer reporting agencies, which could harm your credit. They may take different actions to collect the debt.

How to settle a defaulted personal loan? ›

The Step-by-Step Process of Personal Loan Settlement
  1. Assess Your Finances: Take a thorough look at your financial situation. ...
  2. Contact Your Lender: Reach out to your lender to express your intent to settle the debt. ...
  3. Negotiate: Engage in a negotiation process with your lender.

How long can a loan be in 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.

How long does a loan default stay on record? ›

Whether you pay off the obligation or not, a default will remain on your credit history for seven years from the date of default. The good news is that the lender cannot re-register your default once they erase it. This holds true even if you still owe them money.

What happens if I am unable to pay my personal loan? ›

Legal action: If you continue to default on your personal loan, the lender may initiate legal proceedings to recover the outstanding amount. This may include filing a civil lawsuit, which can result in a court order directing you to repay the loan.

What happens if you default on an unsecured personal loan? ›

Defaulting on an unsecured loan

As a result, your credit score will absorb the majority of the impact from any missed payments. Then, once your account goes to collections, the collections agency has the right to sue you for the money you owe.

What happens if I stop paying a personal loan? ›

When you stop paying a personal loan, it could result in your account going into default, the balance being sent to collections, legal action against you and a significant drop in your credit score. If money is tight and you're wondering how you'll keep making your personal loan payments, here's what you should know.

Is it bad to pay off a personal loan right away? ›

So, if you're still in the process of building or repairing your credit scores, paying off a personal loan early means you could potentially lose out on months (or even years) of demonstrating a positive payment history.

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

Your loan holder can take you to court. You may not be able to buy or sell assets such as real estate. You may be charged court costs, collection fees, attorney's fees, and other costs associated with the collection process. It may take years to reestablish a good credit record.

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