What Happens if You Don't Pay an Unsecured Business Loan? | Bankrate (2024)

For many entrepreneurs, unforeseen circ*mstances often lead to missed payments or defaulting on the loan entirely. According to the 2022 Small Business Credit Survey, 32 percent of small businesses had difficulties repaying their debts. Additionally, 28 percent of businesses surveyed applied for funding to either pay off or refinance their existing debts.

When this happens with a secured loan backed by collateral, the lender can take the collateral as payment. However, with unsecured loans, there is no collateral backing the loan, so not repaying an unsecured loan can be far more damaging to both your business and personal finances.

Here is what happens if you don’t pay an unsecured business loan and steps to take if you’re struggling with unsecured loan payments.

What happens if you miss business loan payments?

Missing payments on a business loan is never a good idea. The initial consequence is accruing late fees, making your financial situation more challenging. Plus, the loan becomes delinquent once you fail to pay on the loan’s due date.

If you continue to miss payments, expect to hear from the lender’s collections department. Leslie Tayne, founder of Tayne Law Group, a New York-based debt relief law firm, notes that after a month or two, you’ll begin to receive calls and letters “in an effort to get the account back in good standing.”

What happens if you default on an unsecured business loan?

After multiple months of not making loan payments, the loan status will typically shift from being delinquent to being in default.

“This means you’ve failed to repay the loan according to the contract terms,” says Tayne, “at which point the lender will start taking more aggressive steps to collect the debt.”

Your entire loan becomes due

When a loan is in default, it may trigger what’s known as an acceleration clause in your loan contract.

“The acceleration clause provision states that the entire loan balance becomes due immediately if the borrower fails to uphold certain requirements, such as making timely payments,” says Tayne.

Plus, if the lender sends the debt to a collection agency, you may also be hit with collection fees. And worse yet, the lender can also initiate legal action against your company at this juncture, suing you for unpaid debts, which will cause you to incur court costs and potentially attorney’s fees as well.

Your personal assets could be seized

Unsecured loans are not backed by an asset or collateral, but that doesn’t mean a lender is without recourse. Often, when providing this type of financing, lenders require borrowers to sign a personal guarantee. This type of legal promise allows lenders to offset their risk and means you’re personally liable if your business defaults on the debt.

“Usually, a business owner’s personal assets are protected from any financial issues related to the business. That’s not the case with a personal guarantee, however,” says Tayne. “This agreement allows the lender to go after a borrower’s personal assets if the company can’t satisfy the debt, including bank accounts, real estate and vehicles.”

Many traditional and online lenders and SBA loans require personal guarantees for unsecured loans. These lenders will expect you to use your personal funds to maintain a business loan if need be. And if you can’t, the lenders may initiate legal proceedings.

Your credit score and report will be impacted

Defaulting on a business loan is not just bad for your immediate finances. Your business credit score and, potentially, your personal score will take a hit.

Once a loan is over 30 days past due, the lender may report the delinquency to credit bureaus. When that happens, Tayne notes that it will be more difficult to obtain loans and lines of credit in the future since “missed loan payments and defaults stay on your credit reports for seven years.

What to do if you can’t pay an unsecured business loan

If your business is facing financial hardship, making it difficult to repay a loan as agreed, it’s important to be proactive and try to find a resolution that helps avoid severe consequences.

Talk to your lender

When you can’t afford to make business loan payments, it’s important to reach out to the lender as soon as you think there’s a problem. The best unsecured business loans come from lenders willing to offer some assistance. This may include restructuring your loan, offering deferment or forbearance or refinancing the debt.

But ignoring the problem and letting your loan payments slide and become delinquent will only result in harsher consequences that will be more difficult to reverse or resolve.

Take out a debt consolidation loan

Taking out a debt consolidation loan is another option that can help you recover. Like small business loan refinancing, you are taking out a new loan, but since consolidation involves replacing existing loans with a single new loan, it may be the better option if you have multiple business loans. Ideally, through debt consolidation, you can obtain lower monthly payments or shorten your repayment timeline, or in some cases, both.

You typically need good credit to obtain the lowest, most favorable interest rates on a consolidation loan. You’ll also need to have a plan in place to help you manage your loan. As Tayne notes, “If you don’t address the underlying issue causing you to fall behind on loan payments, taking on a new loan that you can’t afford to repay won’t help your situation in the end.”

Restructure your debt

When you restructure your debt, you change the terms of your loan. This means you may be able to extend the payment period, which will lower your monthly payments. Or you may be able to negotiate a lower interest rate. This is a good option when you’re behind on payments, and it’s clear that there is no way you’ll be able to catch up and repay the past due balance and continue making payments.

Should I file for small business bankruptcy?

Filing for bankruptcy should be your last resort, as this step has serious consequences, including being costly, time-consuming and impacting your credit for years to come.

The three most common forms of small business bankruptcy filings are Chapter 7, Chapter 11 and Chapter 13.

Filing for bankruptcy can have pros and cons. Taking this step can provide the fresh start that you may need to get a handle on your debt and recover financially. But the drawbacks include liquidating assets, depending on the type of bankruptcy you pursue, and impacting your credit. There are also debt limits under Chapter 11 and 13 bankruptcies, which restrict those eligible to pursue them.

Bottom line

If unexpected circ*mstances arise and you can’t repay an unsecured loan, it’s important to be proactive. If you fail to take action and continue to miss loan payments, the ramifications include the loan being called due, assets being seized and your credit score taking a nosedive. But you can avoid these outcomes by pursuing some options, including contacting your lender to discuss your situation, seeking debt settlement or applying for a debt consolidation loan.

Frequently asked questions

• If you can’t repay an unsecured business loan, it can lead to serious consequences, such as the seizure of assets if you signed a personal guarantee. But, there are a few things you should try before defaulting. If you can’t repay your loan, talk to your lender, consider a debt consolidation loan or restructure your debt.

• If your business loan goes into default, the balance becomes due immediately. The lender may also take legal action, and your credit score may suffer, affecting future borrowing capability.
  

• If you have an unsecured small business loan, you may have signed a personal guarantee. If so, you will be legally and personally liable if you default on the business loan.