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작성자 Kandi 작성일23-02-20 09:34 조회18회 댓글0건

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What happens when you can't pay back a payday loan?

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What happens when you can't Pay back a payday loan?
Defaulting on the payday loan can drain your bank account and result in debt collection calls. Make an effort to pay off the debt when you are able to.
Written by Liz Weston, CFP(r) Senior Writer | Personal finance, credit scores, economics Liz Weston, CFP(r) is a personal finance columnist, co-host on the "Smart Money" podcast an award-winning journalist, and the author of five books on finances, which includes the bestseller "Your credit score." Liz has appeared on numerous national television and radio programs, including the "Today" show "NBC Nightly News," as well as the "Dr. Phil" show, and "All Things Considered." Her columns are distributed in the media by The Associated Press and appear in hundreds of media outlets each week. Prior to NerdWallet, she was a writer articles for MSN, Reuters, AARP The Magazine and the Los Angeles Times. She lives with her family in Los Angeles with a husband, a daughter and a golden retriever who is a co-dependent.




and Amrita Jayakumar Writer The Washington Post Amrita Jayakumar is a former special-assignments journalist for NerdWallet. She also wrote a syndicated column on the financial situation of millennials, and covered personal loans as well as consumer credit and debt. In the past, she worked as a reporter at The Washington Post. Her work has been featured within The Miami Herald and USAToday. Amrita has a master's diploma in journalism from the University ofMissouri.





Mar 24 2021


Editor: Kim Lowe Lead Assigning Editor The consumer lending Kim Lowe leads the personal loans editorial team. Kim Lowe came to NerdWallet after 15 years in charge of content for MSN.com which included food, health and travel. Her first job was as a writer for magazines covering mortgages food, restaurant and supermarket industries. Kim earned a bachelor's degree in journalism from the University of Iowa and a Master of Business Administration from the University of Washington.







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A payday loan default can lead to bank overdraft charges, collections calls and damage to your credit scores and a court appearance as well as garnishment of your wages.
Don't believe it won't happen because you borrowed only $300.
"If you've signed a valid, binding, legal contract to pay that debt and you're in a situation where they have the power to sue you and garnish your wages it's a game of chicken that will end in defeat," says Bruce McClary who is the spokeswoman for the National Foundation for Credit Counseling.
If you're unable to repay the debt, you can pay off the debt in less than what you owe, or declare bankruptcy if your debts are excessive. What can you expect.
Bank withdrawals and collection phone calls
Payday loan lenders don't waste your time once the amount you are owed is due.
They'll instantly withdraw the money from your account if you've granted them access as part of the loan agreement. If the debits fail to go through, they may divide the charge into smaller pieces in an attempt to extract the money that is currently in your account.
Every failure could trigger an interest charge from the bank against you. Successful attempts could drain your bank account and cause other transactions to bounce as well as incurring charges.
At the same time, lenders will start calling, sending letters from lawyers, and even contacting your relatives or friends that you used as references when you took out the loan. By Federal law, lenders can only ask for help in locating you -- they aren't able to reveal where they're calling from until they're requested or explaining your situation regarding debt to anyone.
Free debt-fighting tools to help you tackle your debt
NerdWallet helps you stay on top of your upcoming payments and helps you understand your debt breakdown.






Jail time? No -- however, threats are common
Inability to pay back the loan isn't a criminal offense. It is actually unlawful for a lender to threaten a borrower with arrest or imprisonment. Nonetheless certain payday lenders have had success using bad-check laws to bring criminal cases against borrowers, with judges mistakenly stamping the complaints.
The Consumer Financial Protection Bureau advises anyone who is threatened with arrest for nonpayment to contact his or their . Never disregard an invitation to appear in court even if the criminal complaint was incorrectly filed.
An opportunity to negotiate
A lender would rather get money directly from you rather than selling your debts to an outsourced collection agency. Third-party debt collectors might only pay a few pennies on the dollar to purchase your debt. If you are able, begin by offering 50% of what you owe to settle the debt.
"Tell the lender that 'Look I'm unable to pay you, and I'm thinking of filing for bankruptcy"" advises John Ulzheimer, a credit expert who has worked for credit scoring company FICO as well as the credit bureau Equifax. "The the moment you begin to use"BK" as the BK phrase, people start getting really serious, since BK means they get nothing."
You must sign any agreement in writing and make sure the document states that the balance will be reduced to zero. In official terms, you want the debt "exhausted."
If you don't settle, make sure you are aware of how to handle collection agencies and what methods are illegal. For example, collections agents cannot call you incessantly or make false claims or threats about the amount you owe.
>> MORE:
The court summons
If you think collections agencies don't have the time to sue for small amounts beware.
The majority of lawsuits filed against consumers are currently for small sums According to Michael Bovee, president of Consumer Recovery Network, a firm that offers debt settlement.
The lenders usually win because consumers don't show up to court, as per an analysis for 2020 from the Pew Charitable Trusts. The judge is then able to enter a default judgment, and the court is able to begin to collect the money you owe the agency that collects.
"Depending on the law of your state, you are exposed to bank account levies, and even wage garnishment," Bovee says.
Never ignore a lawsuit, says Lauren Saunders, associate director of the National Consumer Law Center.
"Show yourself in court and request to show proof of your obligation to pay money, since they frequently appear without proof," Saunders says.
Other options if you cannot pay a payday loan
It is not a good idea to prioritize paying the payday lender before making sure you have food on the table or paying cost of rent Saunders says.
The first thing to cover is the basic necessities:
You may qualify aid with rent, utilities or food.
Get advice from a non-profit , bankruptcy attorney or legal aid center about the next steps you'll take.
Look for that don't involve borrowing more money.

It's not worth filing for just one small loan, but you may be interested in it if your debts that are not secured -- including payday loans, credit cards and medical bills -- make up more than half of your income.
Do not wait and hope that the debt will disappear in a flash and it will not. "Time never makes debt go away," Ulzheimer says. "Bankruptcy does."



About the authors: Liz Weston is a columnist at NerdWallet. She is a certified financial planner and author of five money books, including "Your credit score."


Amrita Jayakumar is a former journalist for NerdWallet. She has previously worked for The Washington Post and the Miami Herald.







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