Does Upstart sue you if you default?

Asked by: Dale Gusikowski  |  Last update: January 25, 2026
Score: 4.1/5 (42 votes)

If you default on an unsecured loan, the lender has a few options. They'll likely send your account to a collection agency, and may file a lawsuit against you.

Can you go to jail for defaulting on a personal loan?

Generally, as long as there was no fraud involved, you cannot go to jail for failure to pay back a loan. However, the credit union can sue you to collect the bill. How flexible they will be in working with you on this size loan is usually up to the loan officer or credit manager. Talk to him or her.

Does Upstart sue for debt?

The process for these creditors is similar to that of regular creditors like American Express or Bank of America. They send their defaulted debt into collection and then ultimately sue businesses and consumers to try to recover the amount owed.

Can Upstart repossess your car?

Failing to meet your monthly payment obligation may result in being charged a late fee or possible repossession of your vehicle. Upon an Event of Default, we may exercise all the remedies available to us under applicable law or the Promissory note.

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

A collector will attempt to settle the debt with you. If they're unsuccessful, they may choose to sue, which can result in wage garnishment or a lien on your home or other assets.

Upstart loans can be settled for less than full balance owed when you run into trouble paying them.

41 related questions found

What happens if you default on an unsecured personal loan?

If your personal loan is unsecured, which is often the case, the lender doesn't have any collateral to seize if you fail to repay. As mentioned previously, however, a collection agency may try to sue you for the unpaid amounts you owe, attempt to garnish your wages, or place a lien on your home through a court order.

What is a major consequence of failing to pay back a loan on time?

A borrower who is past due will usually face some penalties and can be subject to late fees. Failure to repay a loan on time usually has negative implications for a borrower's credit status and may cause loan terms to be permanently adjusted.

What happens if you don't pay back Upstart?

If you default on an unsecured loan, the lender has a few options. They'll likely send your account to a collection agency, and may file a lawsuit against you. If they choose to pursue legal action, defaulting on a loan can result in wage garnishments as well as a legal judgment on your credit report.

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

Another option is to renegotiate the terms of the loan itself. You could pay a lower payment for several months while you seek employment or adjust your financial situation in other ways. A lender is more likely to work with you if you can explain the reason for your financial hardship.

Will I still owe money after repossession?

Do You Still Owe Money After a Repossession? If you don't get your car back and it's sold at an auction, that's not the end of your financial obligation. If the auction sale price is less than the balance owed on the loan, you'll need to pay the remaining balance, known as the deficiency balance.

Does Upstart loans call your employer?

It is more common for a personal lender to verify your income, either with tax documents or bank statements, but the lender can absolutely call your employer to verify your status if they feel it's necessary to do so.

Can a loan company threaten to sue you?

They can attempt to collect those debts, but they cannot sue you to collect them. Debt collectors can't lie to you to get you to pay immediately. For example, they can't threaten to sue you if they don't intend to sue you. Debt collectors have to hire an attorney to bring a lawsuit, and legal services are expensive.

What are the risks of Upstart?

In addition to the economic uncertainty risk, the company uses a new, unproven business model, which makes it a high-risk, volatile stock. Most investors are better off avoiding the stock. However, the potential upside may warrant existing investors holding onto their shares. I rate Upstart a Hold.

Is it illegal to not pay back a personal loan?

If you don't pay back a personal loan, you may be hit with penalties and fees, damage to your credit, default, collections and even potential legal action if you continue not to pay.

What happens if you never pay collections?

If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.

Can you go to jail for not paying a business loan online?

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 is a hardship personal loan?

A hardship loan is a personal loan you use to cover unexpected expenses. Whether you need a bridge between paychecks or thousands of dollars for that leaky roof, a hardship loan could help. Hardship loans come as lump sums of money, often by direct deposit. You'll pay back what you borrowed in equal monthly payments.

What if I can't afford my debt anymore?

Debt Consolidation Loans

It is a way of consolidating all of your debts into a single loan with one monthly payment. You can do this by taking out a second mortgage or a home equity line of credit. Or, you might take out a personal debt consolidation loan from a bank or finance company.

How to get repo fees waived?

Another option is to give up the vehicle to the lender voluntarily rather than going through the repossession process. The lender may find this option appealing because it avoids the costs of repossession, and it may agree to reduce or eliminate the deficiency balance on the loan.

How long until Upstart sues you?

A loan becomes delinquent after 30 days of missed payments, and if it continues, it can eventually default and lead to wage garnishments, lawsuits, and severe damage to one's credit score.

Does Upstart repo cars?

Per your promissory note, an Event of Default may result in a negative credit reporting and possible repossession of your vehicle under applicable laws.

What are 3 consequences of not paying back a loan?

-You will lose eligibility for loan deferment, forbearance, and repayment plans. -You will not be eligible for additional federal student aid. -You may be required to immediately repay the entire unpaid amount of your loan. This is known as acceleration.

Can you go to jail for defaulting on a loan?

You cannot be arrested or sentenced to prison for not paying off debt such as student loans, credit cards, personal loans, car loans, home loans or medical bills. A debt collector can, however, file a lawsuit against you in state civil court to collect money that you owe.

How bad is a default?

A default looks like bad news to lenders, as it shows you've struggled to repay credit in the past. So, you may find it hard to get approved, particularly for mortgages since lenders must meet strict rules to ensure you can afford one. However, it's still possible to borrow money with a default on your record.

What if you Cannot repay a loan?

You will still owe the money, you're likely to incur additional interest and late payment fees and your credit rating will be negatively affected. If you miss more than a few months repayments, you will default on the loan and risk court action or intervention by a debt collection agency.