
Repayment FAQ
From the Nolo.com Debt & Bankruptcy Center
Answers to help you get out from under.
I feel completely overwhelmed by my debts and don't know where to begin.
What should I do?
Take a deep breath and realize that for the most part, your creditors
want to help you. Whether you're behind on your bills or are afraid of
getting behind, call your creditors. Let them know what's going on --
job loss, divorce, medical problem or other troubles -- and ask for help.
Suggest possible solutions such as a temporary reduction of your payments,
skipping a few payments and tacking them on at the end of a loan, skipping
a few payments and paying them off over a few months, dropping late fees
and other charges or even rewriting a loan. If you need help negotiating
with your creditors, consider contacting a non-profit debt counseling
organization, such as
Myvesta.org (formerly Debt Counselors of America) or a local Consumer
Credit Counseling Service office.
I'm afraid I might miss a car payment. Should I just let the lender
repossess?
No. Before your car payment is due, call the lender and ask for extra
time. If you're at least a few months into the loan and haven't missed
any payments, the lender will probably let you miss one or two months'
payments and tack them on at the end. If you don't pay or make arrangements
with the lender, the lender can repossess without warning, although many
will warn you to give you a chance to pay what's due.
If your car is repossessed, you can get it back by paying the entire
balance due and the cost of repossession or, in some cases, by paying
the cost of the repossession and the missed payments, and then making
payments under your contract. If you don't get the car back, the lender
will sell it at an auction for far less than it's worth. You'll owe the
lender the difference between the balance of your loan and what the sale
brings in. The amount is usually in the thousands.
If you are far behind on your car payments and can't catch up, the truth
is that you may not be able to afford the car. Under these circumstances,
you should think about voluntarily "surrendering" your car before
the dealer repossesses it. This strategy can save you expensive repossession
costs and attorneys' fees. Because it also makes life easier for the dealer,
you should try to get concessions from the dealer before you give up the
car. A dealers will often waive its right to collect the amount left owing
on the loan and/or promise not to report the default or repossession to
credit bureaus.
How soon after I miss a house payment will the bank begin foreclosure
proceedings?
This varies from state to state and lender to lender, but most lenders
don't start foreclosure proceedings until you've missed four or five payments.
Before taking back your house, a lender would rather rewrite the loan,
suspend principal payments for a while (have you pay interest only), reduce
your payments or even let you miss a few payments and spread them out
over time.
If your loan is owned by one of the giant U.S. government mortgage holders,
Fannie Mae or Freddie Mac, foreclosure could come even more slowly. Fannie
Mae and Freddie Mac have been working with homeowners to avoid foreclosure
when a loan is delinquent.
If foreclosure is looming, might I be better off just selling my house?
You're certainly better off selling the house than having it go to foreclosure.
If you can find a buyer who will offer to pay at least what you owe your
lender, take the offer. If the offer is for less than what you owe your
lender, your lender can block the sale. But many lenders will agree to
a "short sale" where the sale brings in less than what you owe
the lender and the lender agrees to forego the rest. Some lenders require
documentation of any financial or medical hardship you are experiencing
before agreeing to a short sale.
If I'm threatened with foreclosure, can I just walk away from the house?
If you get no offers for your house or the lender won't approve a short
sale, you can walk away from your house. Call the lender and ask if it
will accept your deed in lieu of foreclosing. If the lender won't, prepare
what's called a quitclaim deed -- you "quit" your interest in
the property transferring ownership to your lender. You write "DEED
IN LIEU OF FORECLOSURE" in block capital letters across the top of
the deed, pay any transfer fee, record the quitclaim deed where you recorded
your ownership deed and mail a copy of the recorded quitclaim deed to
the lender. This means that you no longer own the house.
My utility bill was huge because of a very cold winter. Do I have to
pay it all at once?
Maybe not. Many utility companies offer customers an amortization program.
This means that if your bills are higher in certain months than others,
the company averages your yearly bills so you can spread out the large
bills. Also, if you are elderly, disabled or low income, you may be eligible
for reduced rates. Ask your utility company.
I'm swamped with student loans and can't afford my payments. What can
I do to avoid default?
First, know that you're right to do all you can to avoid default, rather
than ignoring your loans and hoping they'll just go away. If you default,
the amount you owe will probably skyrocket because the government can
add a collections fee of up to 25% of the principle.
To avoid default, contact the companies that service your student loans
and tell them why you can't make your payments. You may be eligible for
a deferment -- ways of postponing repayment. In very limited circumstances,
you may be able to cancel a loan. Also talk to your loan holders about
flexible payment options. Many now offer payments geared to borrowers'
incomes.
In addition, consider consolidating your student loans. You can consolidate
federal student loans through the government's direct lending program
or through a private loan servicing company, such as Sallie Mae or USA
Group. With loan consolidation, you can lower your monthly payments by
extending your repayment period; you may also be able to lower your interest
rate. Most loan consolidators offer flexible repayment options based on
your income, and you may be able to consolidate even if one or more of
your loans is in default. Types of loans eligible for consolidation, repayment
options and interest rates vary slightly from lender to lender. Contact
loan servicers for more information:
- Federal Direct Consolidation Loan Center: 800-557-7392, http://www.ed.gov/offices/OPE/DirectLoan/consolid.html
- Sallie Mae: 800-524-9100, http://www.Salliemae.com
- USA Group: 800-382-4506, http://www.usagroup.com.
When can a creditor garnish my wages, place a lien on my house, seize
my bank account or take my tax refund?
For the most part, a creditor must sue you, obtain a court judgment and
then solicit the help of a sheriff or other law enforcement officer to
garnish wages. Even then, the maximum the creditor can take is 25% of
your net pay and you can protest that in court if you can't live on only
75% of your wages.
In three situations your wages may be garnished before you are sued:
- The IRS can take everything but about $100 a week.
- The Department of Education or a state guarantee agency can garnish
up to 10% of your wages if you're in default on a student loan.
- Up to 50% of your wages can be garnished to pay child support or
alimony.
To place a lien on your house or empty your bank account, almost all
creditors must first sue you, get a judgment and then use a law enforcement
officer. A few creditors, such as an unpaid contractor who worked on your
house, can put a lien on your house without suing. And again, the IRS
is an exception -- it can place a lien or empty your bank account without
suing first.
Your tax refund can never be taken unless the Treasury Department receives
such a request from the IRS, the Department of Education or a child support
collection agency.
Can I go to jail for not paying my debts?
Debtor's prisons were eliminated in the U.S. by 1850. In a few unusual
situations, however, you could be jailed: you willfully violate a court
order, especially an order to pay child support; you are convicted of
willfully refusing to pay income taxes; or you are about to conceal yourself
or your property to avoid paying a debt for which a creditor has a judgment
against you.
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