A missed loan payment is the first step in a sequence, not a single penalty. A late fee usually comes first, credit reporting follows at roughly 30 days, and the later stages (charge-off, collections, repossession, foreclosure or default) depend on the loan type and how many payments are missed. The earlier the account is brought current, the fewer of those stages it reaches.
Key takeaways
- After a 2024 rule cutting card late fees to $8 was vacated in April 2025, law-firm summaries put the Regulation Z safe harbor back at $30, or $41 for a repeat. Installment-loan fees come from the contract and state law.
- A payment is generally not reported as late until it is 30 days past due.
- Banks generally charge off non-mortgage installment loans at 120 days past due and cards at 180 days; the debt survives.
- Federal Direct Loans default after 270 days. The Department of Education paused wage garnishment and tax-refund seizures in early 2026 but still reports defaults.
- A hypothetical $350 auto payment missed three times costs $1,102.50 to cure under a 5% late fee, of which $52.50 is fees.
The timeline from day 1 to day 270
The markers below come from federal rules, supervisory policy or reporting formats. Contracts and state law set grace periods, the exact fee and when a lender may repossess.
| Point | What can happen | Basis |
|---|---|---|
| Day after the due date | Payment is past due; a late fee may be charged. A card payment received by 5 p.m. on the due date generally counts as on time. | Loan contract; Regulation Z for cards |
| About 30 days | The lender may report the account as delinquent to the credit bureaus. | Metro 2 reporting format |
| Day 36 and day 45 | A mortgage servicer must try live contact by day 36 and send a written notice by day 45. | Regulation X, 12 CFR 1024.39 |
| 60 to 90 days | Reporting moves to higher delinquency levels; federal student loans are reported once 90 days past due. | Metro 2; servicer practice |
| 120 days | Most non-mortgage closed-end bank loans reach the charge-off point; a mortgage servicer generally cannot make the first foreclosure filing until the loan is more than 120 days delinquent. | FFIEC policy; 12 CFR 1024.41(f) |
| 180 days | Card and other open-end bank accounts reach the charge-off point; for home loans, any balance above the property's value less selling costs is charged off. | FFIEC policy |
| 270 days | A federal Direct Loan is in default. | 34 CFR 685.102 |
Late fees by loan type
Credit cards
Regulation Z, at 12 CFR 1026.52, limits card penalty fees in two ways. A fee within a dollar safe harbor is allowed without a cost justification, and a late fee can never exceed the minimum payment that was due. A $15 minimum payment therefore caps the fee at $15, under the official interpretation on the CFPB's copy of the regulation.
The safe harbor figure is not settled in the published text. Before 2024 the regulation set $30 for a first violation and $41 for a repeat within the next six billing cycles, as the CFPB's 2024 final rule states. That rule cut the late-fee safe harbor to $8 for issuers with one million or more open accounts and set $32 and $43 for smaller issuers. On April 15, 2025, a federal court in the Northern District of Texas vacated the rule. Kilpatrick Townsend's summary says issuers may again charge up to $30 and $41. The official eCFR text still prints the vacated wording ($8, $32 and $43) as of October 2026, Regulation Z also says the CFPB adjusts these amounts each year for inflation, but its annual Regulation Z adjustment notices for 2025 and 2026 set no new penalty-fee amounts. The card agreement shows the fee actually charged.
Timing matters too. According to the CFPB, issuers may set earlier cutoffs for online or in-person payments, and a payment mailed on the due date does not count as received.
Auto, personal and other installment loans
No federal safe harbor of this kind applies. The fee, any grace period and whether the fee is flat or a percentage come from the contract within state limits, so check the fee schedule or get a written quote.
Credit reports and scores
Lenders report in a standard format called Metro 2. A CFPB white paper says it records delinquency levels such as 30-59 days, 60-89 days and up to 180 days or more past due, and closed accounts as repossession, charge-off or foreclosure. In its 2024 rulemaking the CFPB described Metro 2 as not treating a payment as late if it is made within 30 days of the due date. A payment a few days late therefore often carries a fee but no credit mark.
Once a mark is reported, the damage depends on the starting profile, as FICO's simulation using FICO Score 9 shows:
| Simulated profile | Starting score | After 30 days late | After 90 days late |
|---|---|---|---|
| Lower-score profile | 607 | 570-590 | 560-580 |
| Higher-score profile | 793 | 710-730 | 660-680 |
The higher score falls further, in line with FICO's note that missed payments typically hit clean profiles harder. FICO also notes that payment history makes up 35% of a FICO Score and that older items count for less over time.
Under the Fair Credit Reporting Act, 15 U.S.C. 1681c, accounts placed for collection or charged off cannot be reported once more than seven years old, counted from 180 days after the delinquency began. The limit does not apply to reports for a credit transaction or life insurance of $150,000 or more, or a job paying $75,000 or more a year.
Example: three missed auto payments
Illustrative example. A hypothetical $350 monthly auto payment goes unpaid. Assume the contract charges a late fee of 5% of the payment ($17.50) once for each missed payment, ignore any interest on the unpaid amount, and assume the car has not been repossessed. The cure amount is the unpaid payments plus fees, the day after the last missed due date.
cure amount = (missed payments x $350) + (missed payments x $17.50)
| Payments missed | Unpaid payments | Late fees (5%) | Cure amount | Fees as share of cure |
|---|---|---|---|---|
| 1 | $350.00 | $17.50 | $367.50 | 4.8% |
| 2 | $700.00 | $35.00 | $735.00 | 4.8% |
| 3 | $1,050.00 | $52.50 | $1,102.50 | 4.8% |
With a flat percentage fee, fees stay 4.8% of the bill. What grows is the lump sum, which triples from $367.50 to $1,102.50 while the monthly budget stays the same, so catching up after one miss is far easier than after three. After a repossession, getting the car back also costs the repossession fees. For a different contract fee, replace $17.50 in the formula.
Charge-off, collections and the law
When a bank charges off the loan
The Uniform Retail Credit Classification and Account Management Policy, published by the FFIEC in June 2000 for the federal bank and thrift regulators, says closed-end retail loans 120 cumulative days past due and open-end loans at 180 days should be classified Loss and charged off. Home loans are valued by 180 days and any shortfall written off. The notice says NCUA, the credit union regulator, did not plan to adopt the policy, and that a Loss classification does not mean no recovery value: charge-off is an accounting step, not a cancellation of the debt.
What collectors must do
Regulation F excludes a creditor's own employees collecting in the creditor's name from its definition of a debt collector, so it applies mainly to third-party collectors. A covered collector must provide validation information in the first contact or within five days after it, including the amount, the itemization date and the end of the dispute period. If the consumer disputes in writing within that period, section 1006.38 requires the collector to stop collecting the disputed debt until it sends verification or a copy of a judgment.
A collector is presumed to comply with the harassment rule if it calls a person about a debt no more than seven times in seven consecutive days, and not within seven days after a phone conversation about it. Unless it knows otherwise, calls before 8 a.m. or after 9 p.m. local time are treated as inconvenient under section 1006.6.
Rules that differ by loan type
Auto loans
Repossession is a state-law matter. The CFPB explains that in many states a lender can repossess after a missed payment without warning or a court order, while others require a notice listing the missed payments and time to catch up. The Servicemembers Civil Relief Act bars repossession without a court order for a loan signed before military service. A repossession can stay on credit reports for up to seven years.
Mortgages
Under 12 CFR 1024.39, a servicer must make or attempt live contact by the 36th day of delinquency and send a written notice by the 45th day. The notice must describe loss mitigation options where applicable and point to housing counselors. Under section 1024.41(f), the first foreclosure notice or filing generally must wait until the loan is more than 120 days delinquent. The exceptions are a due-on-sale violation and a servicer joining another lienholder's foreclosure.
These rules have limits. Section 1024.30 applies them only to loans secured by the borrower's principal residence and exempts small servicers, reverse mortgages and certain Farm Credit lenders. Small servicers are still bound by the 120-day rule. Borrowers in bankruptcy, or who have told the servicer to stop communicating under the FDCPA, get modified contact rules.
Federal student loans
MOHELA, a federal loan servicer, says that for all loans owned by the Department of Education it begins reporting a loan as delinquent once it is 90 days or more past due on the last day of the month. For Direct Loans, 34 CFR 685.102 defines default as a failure to pay that persists for 270 days, where the Secretary finds it reasonable to conclude the borrower no longer intends to repay.
Default opens the door to wage garnishment and the Treasury Offset Program, which intercepts federal payments such as tax refunds. A District of Columbia banking regulator's notice dated February 4, 2026 says the Department of Education has temporarily paused both, may resume them and continues to report defaults to credit bureaus. It gives no restart date, so check StudentAid.gov for the current status.
Frequently asked questions
Is a card payment that arrives at 4 p.m. on the due date late?
Generally not. The CFPB says a card payment received by 5 p.m. on the due date, in the statement's time zone, generally cannot be treated as late. If the due date falls on a day the issuer does not receive mail, the deadline moves to 5 p.m. on the next business day.
Can I tell a debt collector to stop contacting me?
Yes. The CFPB says you can send the collector a letter saying so, and it offers sample letters. After that the collector may generally only confirm it will stop or say what other lawful action it may take, such as a lawsuit. Stopping contact does not erase the debt.
Can a collector discuss my debt with family or an employer?
Under section 1006.6(d), a collector generally must not discuss the debt with anyone other than the consumer, the consumer's attorney, a credit bureau, the creditor or their attorneys. Section 1006.6(d)(2) lists exceptions, such as contacting others to find the consumer's location, so the answer is not an absolute no.
Do I still owe money after a repossessed car is sold?
Possibly. If the sale brings less than you owe, you may owe the difference, called a deficiency: the CFPB's example is a $10,000 balance and a $7,500 sale, leaving $2,500 plus fees. The sale must be commercially reasonable, and any surplus after fees is yours.
Can I get a repossessed car back?
Some states let you reinstate the loan by paying the overdue amounts plus repossession costs. Otherwise you can usually redeem the car before sale by paying the full balance plus costs, the CFPB says. Ask the lender for the exact figures in writing.
What to do in the first week
- Confirm the exact amount due, including fees, and the date the payment must be received.
- Contact the servicer before the next payment is due. The CFPB suggests asking about affordable payment plans, a changed due date or forbearance, getting any agreement in writing and asking how it will affect the credit report.
- Record each due date and the date each payment was received, to compare against the 30-day reporting steps.
- If a collector calls, ask for the validation notice and note the dispute deadline.
- For a mortgage, call the number on the servicer's written notice or a HUD-approved housing counselor well before day 120.
Sources
- eCFR, 12 CFR 1026.52 (limitations on fees)
- CFPB, Regulation Z section 1026.52 and official interpretation
- Federal Register, Credit Card Penalty Fees final rule (March 15, 2024)
- Kilpatrick Townsend, CFPB credit card late fee rule vacated (May 2025)
- CFPB, when is my credit card payment considered late
- CFPB, Key Dimensions and Processes in the U.S. Credit Reporting System (2012)
- myFICO, how credit actions impact FICO Scores
- myFICO, what happens when you don't pay your credit card bill by the due date
- 15 U.S.C. 1681c, requirements relating to information contained in consumer reports
- FFIEC, Uniform Retail Credit Classification and Account Management Policy (Federal Register, June 12, 2000)
- CFPB, Regulation F section 1006.2 (definitions)
- CFPB, Regulation F section 1006.34 (validation information)
- CFPB, Regulation F section 1006.38 (disputes)
- CFPB, Regulation F section 1006.14 (harassing, oppressive or abusive conduct)
- CFPB, Regulation F section 1006.6 (communications in connection with debt collection)
- CFPB, how do I get a debt collector to stop calling or contacting me
- CFPB, what happens if my car is repossessed
- CFPB, what should I do if I can't make my car payments
- CFPB, Regulation X section 1024.39 (early intervention)
- CFPB, Regulation X section 1024.41 (loss mitigation procedures)
- CFPB, Regulation X section 1024.30 (scope)
- Federal Register, Truth in Lending (Regulation Z) Annual Threshold Adjustments (December 15, 2025)
- eCFR, 34 CFR 685.102 (definitions)
- MOHELA, credit reporting for federal student loans
- DC Department of Insurance, Securities and Banking, ED temporarily pauses wage garnishment and tax refund seizures (February 4, 2026)