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What is Delinquent Debt?

by

Alexander Shockley

October 3, 2024

8 min

Past due debt - delinquent debt

Delinquent debt is a common term in the world of finance and credit, but its implications and consequences are often misunderstood. This article aims to provide a thorough explanation of delinquent debt, its causes, effects, and how it can be managed or avoided.

Delinquent debt defined

Delinquent debt refers to a financial obligation that remains unpaid past its due date. When a borrower fails to make a payment on a loan, credit card, or any other form of debt by the agreed-upon date, the debt becomes delinquent. This state of delinquency continues until the borrower either brings the account current by paying the overdue amount or the debt enters into default.

It’s important to note that delinquency can occur with any type of debt, including but not limited to:

  • Mortgages
  • Auto loans
  • Student loans
  • Credit card balances
  • Personal loans

 

The specific timeframe for a debt to be considered delinquent can vary depending on the type of debt and the terms set by the creditor. However, in most cases, a debt becomes delinquent the day after a missed payment.

Types of delinquent debt

Delinquent debt can be categorized in several ways:

By duration:

  • Early-stage delinquency (30-60 days past due)
  • Mid-stage delinquency (60-90 days past due)
  • Late-stage delinquency (90+ days past due)

By type of credit:

  • Revolving credit delinquency (e.g., credit cards)
  • Installment loan delinquency (e.g., mortgages, auto loans)

By sector:

  • Consumer debt delinquency
  • Commercial debt delinquency
  • Government debt delinquency

 

Understanding these categories is crucial for both borrowers and lenders, as they often dictate the severity of consequences and the approach taken to resolve the delinquency.

Consequences of delinquent debt

The repercussions of delinquent debt can be far-reaching and long-lasting:

  • Late fees and penalties: Most creditors impose additional charges for late payments, increasing the total debt.
  • Higher interest rates: Delinquency often triggers penalty APRs on credit cards or adjustments to loan terms.
  • Negative credit reporting: Late payments are typically reported to credit bureaus, damaging the borrower’s credit score.
  • Difficulty obtaining future credit: A history of delinquency makes it harder to qualify for loans or credit cards in the future.
  • Legal action: Creditors may sue to recover the debt, potentially leading to wage garnishment or asset seizure.
  • Stress and mental health impacts: The financial strain can lead to anxiety, depression, and other mental health issues.
  • Employment consequences: Some employers check credit reports, and a poor credit history could affect job prospects.
  • Housing difficulties: Landlords often check credit, making it harder to rent with a history of delinquencies.

These consequences underscore the importance of addressing delinquent debt promptly and taking steps to prevent it in the first place.

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The delinquency cycle

Understanding the typical progression of delinquent debt can help borrowers and creditors navigate the process more effectively:

  • Missed payment (1-30 days): The debt becomes delinquent but may not yet be reported to credit bureaus.
  • Early delinquency (30-60 days): The creditor typically reports the late payment to credit bureaus. Collection efforts intensify.
  • Mid-stage delinquency (60-90 days): The account may be assigned to internal collections. Creditors may offer hardship programs.
  • Late-stage delinquency (90-120 days): The debt may be charged off and sold to a third-party collection agency.
  • Default (120+ days): The debt is considered in default. Legal action may be initiated.

This cycle can vary depending on the type of debt and the creditor’s policies. For example, federal student loans have a longer timeline before default occurs.

Delinquent debt vs. default

While often used interchangeably, delinquency and default are distinct concepts:

  • Delinquency begins as soon as a payment is missed and continues until the account is brought current or enters default.
  • Default occurs when the creditor determines that the borrower is unlikely to repay the debt. This typically happens after an extended period of delinquency.

The key differences include:

  • Timing: Delinquency can be short-term, while default implies a more serious long-term problem.
  • Credit impact: Both affect credit scores, but default has a more severe and longer-lasting impact.
  • Creditor response: Delinquency may be addressed through catch-up payments, while default often leads to more drastic measures like debt collection or legal action.
  • Reversibility: It’s generally easier to resolve a delinquency than to clear a default from one’s credit history.

Understanding this distinction is crucial for borrowers to grasp the escalating nature of unpaid debts and for creditors in managing their risk and recovery strategies.

How creditors handle delinquent debt

Creditors have established processes for dealing with delinquent debt:

  • Initial contact: Reminders via phone, email, or mail about the missed payment.
  • Late fees: Application of late payment fees as per the credit agreement.
  • Escalated communication: More frequent and urgent attempts to contact the borrower.
  • Internal collections: Assignment to a specialized internal collections department.
  • Credit reporting: Reporting the delinquency to credit bureaus, usually after 30 days.
  • Penalty rates: For credit cards, application of higher penalty interest rates.
  • Hardship programs: Offering temporary payment reductions or deferrals for qualifying borrowers.
  • Third-party collections: Engaging external collection agencies or selling the debt.
  • Legal action: As a last resort, pursuing legal means to recover the debt.

The specific approach can vary based on the type of debt, the creditor’s policies, and applicable regulations.

The bottom line

Delinquent debt is a serious financial issue with far-reaching consequences. Understanding its causes, progression, and impacts is crucial for both borrowers and creditors. Remember, if you’re facing delinquent debt, you’re not alone. Numerous resources and professionals are available to help you understand your options and develop a plan to address your financial challenges. The key is to act early and decisively to prevent a temporary setback from becoming a long-term financial crisis.

There’s always JG Wentworth…

Do you have $10,000 or more in unsecured debt? If so, there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* Some of our program perks include:

  • One monthly program payment
  • We negotiate on your behalf
  • Average debt resolution in as little as 48-60 months
  • We only get paid when we settle your debt

If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side?

This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. 

* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, PR, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in any other state contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required. 

Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment. 

JG Wentworth does not pay or assume any debts or provide legal, financial, tax advice, or credit repair services. You should consult with independent professionals for such advice or services. Please consult with a bankruptcy attorney for information on bankruptcy. 

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