Failing to pay could result in your account going into default, the balance being sent to collections, your lender taking legal action against you and your credit score dropping significantly. If money is tight and you're wondering how you'll keep making your personal loan payments, here's what you should know.
The simple answer to this question is 'yes', because some debt solutions involve getting some or all of your unsecured debt written off. These solutions are most often used by people who are unlikely to be able to afford to repay their debts in full within a reasonable time.
If you don't pay an unsecured loan, you might face late fees and higher interest rates, and your credit score could drop. Debt collectors might call you and send letters. If you still don't pay, the debt could go to a law firm, and they might sue you.
You cannot legally go to jail over debt. This is referred to as a ``debtor's prison'' and is not a legally acceptable practice.
In the case of unsecured debt the creditor cannot take anything from you without going to court first. Credit card debt, medical bills, and other loans without collateral are all examples of unsecured debt. The only way a creditor can collect this type of debt is by taking you to court.
Debts you're not responsible for
You might not have to pay a debt if: it's been six years or more since you made a payment or were in contact with the creditor.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
If you meet the eligibility requirements, your lender may forgive either a portion or the entirety of the outstanding balances on your unsecured debt, potentially including credit cards, personal loans or medical bills. Debt forgiveness programs and their conditions vary by the type of forgiveness you're looking for.
If you fail to pay unsecured debt, the creditor can't take any of your property without first suing you and getting a court judgment, subject to a few exceptions.
If you cannot pay off your debt
You can apply for a Debt Relief Order or Bankruptcy Order if you cannot pay your debts because you do not have enough money or assets you can sell.
Defaulting on an unsecured loan
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.
For this reason, when someone fails to repay their unsecured debt in full or on time, creditors may decide to take legal action against them by suing for repayment.
However, you might have too much unsecured debt if your debt-to-income (DTI) ratio, which compares your monthly debt payments to your gross monthly income, is above 36 percent. This may indicate that you are overextended and could have difficulty managing additional debt.
Debt settlement can be an effective strategy for reducing certain types of unsecured debts, particularly credit card balances, personal loans, medical bills and some private student loans.
Defaulting on an Unsecured Loan
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. 5 And, as with a secured loan, you can expect a serious impact on your credit score.
Debt collectors cannot repossess your possessions if the debt is unsecured, such as a credit card or student loan. In the case of secured debt, however, particularly auto loans, for which the car is collateral, failure to make payments can result in repossession of the vehicle.
Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.
In order to garnish, an unsecured creditor (one for which there is no collateral securing the debt, i.e. credit cards, personal loans, medical bills) must first sue the debtor. Typically this does not occur until the debt is around six months delinquent.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Under California law, debt collectors have the right to place a lien on a person's home once they get a judgment. California law then lets the debt collector force the sale of a person's home to collect the judgment, even if that property is the debtor's only home.
The borrower can apply for debt forgiveness on compassionate grounds by writing about the financial difficulties and requesting the creditor to cancel the debt amount.
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.