You didn't mention if you have actually been sued yet, in collections, or just late and also what type of loan it is (unsecured or secured). If it's a secured loan like a mortgage, car loan, etc. then they would simply move to try and repossess/foreclose. But assuming you meant a typical unsecured loan or credit card debt, if you cannot reach any settlement with them (which if you haven't tried that, you certainly can with or without an attorney), then they can eventually sue you. If there is no defense, the worst that could happen is that they would get a judgment against you. But they cannot arrest you, take your house, or your car, garnish your wages, attach to your taxes, etc. You have what are called "exemption rights" to protest most of your main assets or at least up to a certain value. After that, if there is nothing left to collect against, while they have a right to try, not much will happen. It does become a lien on any real property you own individually such that if you were to try and refinance or sell later, it would need to be paid off at that time. Also a judgment is good for 10 years and does show up on your credit. You can try to negotiate with them at any time, even after judgment is entered. I hope this provides you at least some relief!
Answered on Jun 10th, 2013 at 11:50 PM