
Which Debts Must You Repay?
From the Nolo.com Debt & Bankruptcy Center
All debts are not created equal. Learn which are
most important.
Some debts are more important than others. If you are having trouble
paying your bills, take the time to prioritize your debts. Make a list
of essential and nonessential debts -- and always pay the essential debts
first. Read on to learn which debts are essential and which aren't.
Essential Debts
An essential debt is one which you should put at or near the top of your
list for payment. If you let an essential debt slide, you could face serious,
even life-threatening, consequences.
Rent or mortgage. Unless you know you are going to move and have
a place to live, make paying your rent a top priority. House payments are
a little different. If you've lost your job and it looks long-term, your
first thought should probably be to sell the place, rent a moderately priced
place and use what's left over to pay your other essential bills. If you
decide to stay put, payments on a home equity line of credit or second mortgage
are also essential because you can lose your house if you don't pay.
Utility bills. Being without gas, electricity, heating, water
or a telephone is dangerous.
Child support. Not paying can land you in jail unless you convince
the judge that you really couldn't pay.
Car payments. If you need your car to keep your job, make the
payments. If you don't, consider selling it to avoid repossession.
Other secured loans. Secured debts are linked to specific items
of property. If you don't repay the debt, most states let the creditor
take the property without first suing you and getting a court judgment.
If you don't care whether the property is taken or are confident that
the creditor doesn't really want it, don't worry about missing a payment
or two. If the property is something you cannot live without, however,
you'll need to keep that debt current.
Unpaid taxes. If the IRS is about to take your paycheck, bank
account, house or other property, you'll want to negotiate to set up a
repayment plan immediately.
Nonessential Debts
A nonessential debt is one with no immediate or devastating effects if you
fail to pay. Paying these debts is a desirable goal, but not a top priority.
Credit and charge cards. If you don't pay your credit card bill,
the worst that will happen before the creditor sues you is that you will
lose your credit privileges.
Department store and gasoline charges. As with credit and charge
cards, if you fail to pay these bills, you'll probably lose your credit
privileges and, if the debt is large enough, you may be sued.
Loans from friends and relatives. You may feel a moral obligation
to pay, but these creditors -- who probably seem the least like creditors
of anyone -- should be the most understanding with you.
Newspaper and magazine subscriptions. These debts are never essential.
Legal and accounting bills. These debts are rarely essential.
Other unsecured loans. An unsecured loan is not tied to any item
of property. The creditor cannot take your property. If you refuse to
pay, the creditor can collect from you only by suing you and obtaining
a court judgment. These unsecured debts are rarely, if ever, essential
to pay first.
Essential or Nonessential?
Some debts straddle the line between essential and nonessential. Not paying
won't cause severe consequences in your personal life, but it could prove
painful nonetheless. In deciding whether or not to pay these debts, consider
your relationship with the creditor and whether the creditor has initiated
collection efforts.
Some of these debts include:
- Auto insurance. In some states, you can lose your driver's
license if you drive without insurance. In California, you cannot even
register your car without proof of insurance.
- Medical insurance or bills. Especially if you are currently
under a physician's care, you'll want to continue making payments. Also,
if you have medical insurance through work and lose your job, you'll
probably be able to keep your insurance coverage for 36 months, but
you, not your former employer, will have to pay for it. If you let it
lapse, you may have difficulty getting new insurance.
- Car payments for a car that is essential for your job. The
inconvenience of not having a car may justify making these payments.
- Items your children need. Paying for a tutor for your child
may not seem essential, but if the alternative is to have your child
grow up unable to read, you probably want to keep paying for the help.
- Court judgments. Once a creditor has a judgment, the creditor
can collect it by taking a portion of your wages or other property.
If a particular judgment creditor is about to grab some of your pay,
the fact that the original debt may have been nonessential is irrelevant.
- Student loans. Paying an old student loan isn't essential if
the holder of your loan isn't hassling you. But paying the loan may
become essential if the IRS is about to intercept your tax refund, the
holder of your loan threatens to garnish up to 10% of your wages or
you are making payments under a "reasonable and affordable"
repayment plan to rehabilitate your loan and get out of default.
Do not, under any circumstances, make payments on nonessential debts
when you have not paid essential ones, even if your nonessential creditors
are breathing down your neck. This may sound obvious, but when pressured
by bill collectors, many people forget the obvious. For example, if you
pay a few dollars on an old hardware store bill just because its collector
is the loudest or most persistent, you may face eviction or have your
heat turned off in mid-March because you won't have enough money left
to pay for these crucial services.
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