Collection Process on Personal Loans
There are many courses of action lenders can take in an effort to collect unpaid personal loans. If you find yourself in a situation where you can’t repay your personal loan, it is in your best interest to contact the lender immediately. They are more willing to work with you than to turn you into collections. Being honest about your situation will help them explore all the available options with you. In some cases, you can revise the loan to have lower payments or even skip a few payments without it causing a negative impact on your credit report.
The collection process for each lender is different. It is an area you should familiarize yourself with prior to accepting the terms of the loan. If you obtained a personal loan using the assistance of collateral attached to the personal loan or a co-signer than you in a dire situation that requires your attention to remedy it as quickly as possible.
Most creditors don’t care who repays the loan, as long as the funds get paid. Therefore, they have every intention of holding a co-signer liable for the balance due on the loan when the borrower is in default. The creditor may still desire to pursue legal action against the borrower. This can be done by taking the borrower to court. However, due to the time and cost involved they will likely just choose to pursue the co-signer for the funds. If a co-signer refuses to pay, then the creditor is likely to take both the borrower and co-signer to court or send the account to a collection agency.
Neither option works well for the borrower or co-signer. Court costs are expensive and you may need to pay for legal representation. The court can mandate you pay a set amount of money each month, or face the consequences of the legal system. Collection agencies generally will continually hound both the borrower and co-signer with phone calls and letters. They can also choose to garnish your paycheck, greatly reducing the amount of take home income you have.
Secured personal loans that go into default mean the creditor will be taking the asset you tied into the loan. This can be property, a vehicle, or other type of asset. Keep in mind that just because they have that asset, your loan may not be settled. Often, they will sell the asset for whatever amount they can get, and then apply that amount towards the balance due. The remaining balance will still be your responsibility, thus it could result in court proceedings or collections.
To prevent your personal loan from spiraling out of control, make sure you only borrow the amount of money you absolutely need. This will help keep your monthly payments low. Budget each month for repayment of your personal loan. If you have extra funds, consider paying in advance or placing the money into a savings account for emergencies.
Lenders find court proceedings and collections a costly and time consuming part of doing business. They will also collect on any collateral you put forth to secure the loan. They don’t enjoy it, but will take such action as means of recovering the money they lend. It is very important that you contact your lender immediately if you are not able to make a payment. This will allow them to work with you before the issue gets out of control. If you find a lender can’t help you, consider contacting a consumer counseling agency for further assistance.