Defining Past Due
The term “past due” refers to a payment or debt obligation that has not been fulfilled by the due date. Typically, an account becomes past due starting on the first day after the due date. For example, if a credit card payment is due on the 1st of the month, it would become past due on the 2nd.
The usage of past due vs. overdue has been misused for a long period of time. Common scenarios where the term “past due” is used include:
– Credit card bills – If the minimum payment is not made by the due date, the account becomes past due which means interest and late fees may start accruing.
– Mortgage payments – Mortgage payments are usually due on the 1st of each month. A payment would be considered past due if not received by the due date.
– Rent payments – Rent is normally due on the 1st of the month. If a tenant does not pay by that date, they may receive a notice that their rent is now past due.
– Utility bills – Gas, electric, water bills tend to have a set due date each month. If payment is not made by that date, the account becomes past due.
– Car payments – Auto loan payments are required to be paid each month by a specific date. A late payment would result in the account becoming past due.
– Taxes – Tax payments such as income or property tax are due by certain deadlines. If the deadline is missed, the taxes owed are considered past due.
The timeframe for when an unpaid bill or debt obligation officially becomes past due can vary slightly depending on the type of account or agreement. But in most cases, it starts on the first day after the due date has passed with no payment made.
But the comparison comes when you know what overdue is and how it is used.
Defining Overdue
Overdue refers to a payment or obligation that has not been fulfilled by the expected date or timeframe. Generally, overdue indicates a more severe lateness than simply past due.
The timeframe for when something becomes overdue can vary based on the type of payment or situation:
- Credit card bills are usually considered overdue after 30 days from the due date. At this point, late fees, penalties, and interest may be applied.
- Library books are often considered overdue just a few days after the due date printed on the checkout slip. Fines for overdue books accumulate daily at most libraries.
- Event RSVPs are typically overdue if you haven’t responded by the requested date, which can range from a week to a month before the event.
- Homework assignments can become overdue within 24 hours of the due date. Teachers may deduct points or give zeros for overdue work.
- Rent payments are generally overdue if not paid by the 1st or 5th of the month as outlined in a lease agreement. Eviction proceedings may begin for consistently overdue rent from a tenant.
The consequences of an overdue payment or obligation can be more severe than simply being past due. Overdue bills, paperwork, and other time-sensitive items should be prioritized and completed as soon as possible to avoid penalties.
Let’s get down to the differences though shall we?
Key Differences Between Past Due and Overdue
The terms “past due” and “overdue” are often used interchangeably, but there are some notable differences between them relating to the timeframe and severity implied.
Timeframe Differences
Something becomes “past due” as soon as it is late – even just one day after the due date. “Overdue” tends to imply a longer timeframe, often 30 days or more after the original due date.
For example, a credit card payment would become past due the day after its due date. But it may not be considered overdue until after 30 days late, depending on the credit card company’s terminology. Therefore if payments are overdue for a long time then the card holder may need to seek credit card debt settlement before any legal action is taken.
Severity Differences
In addition to the time frame, “overdue” also tends to imply more severity and urgency than “past due.” While a past due payment may only incur a small late fee, an overdue payment could result in additional fees, penalties, interest charges, and damage to one’s credit score or relationship with the creditor.
For instance, several past due library book returns may result in small daily fines. But an overdue book return after weeks or months could lead to much larger fees and even suspension of library privileges in some cases.
Legal Implications
There are also potential legal implications if something remains overdue for an extended period. Creditors, lenders, and collection agencies have more options to pursue legal action and recoup losses from significantly overdue debts compared to those only slightly past due.
Overdue taxes may lead to property liens, garnished wages, or other court-enforced consequences initiated by the tax authority. On the other hand, taxes paid a few days late typically just incur incremental penalties and interest charges.
So while being past due is never ideal, the overdue status marks a more serious delinquency that requires urgent action to get accounts back in good standing and avoid further repercussions. Understanding these nuanced differences can help manage financial obligations responsibly.
Impact on Credit Scores
Having payments that are past due or overdue can negatively impact your credit score. The severity and duration of the impact depends on how late the payments are and your overall credit profile.
In the short-term, a single late payment that is 30 days past the due date can lower your credit score by as much as 100 points according to NerdWallet. Being 30-59 days late is less damaging but can still drop your score by 90 points. However, the impact is reduced if you make the payment within 60 days.
If an account becomes 60-90 days overdue, it is likely to be charged-off by the lender and sent to collections, which can devastate your credit score. Being 90 days late on any debt can cause your score to plummet by 150 points or more. The damage can last up to 7 years while the delinquency remains on your credit report.
In the long-term, being habitually late on payments shows a pattern of financial irresponsibility. Multiple accounts that are chronically 30, 60, or 90 days past due indicate high credit risk. Too many overdue payments makes lenders much less likely to approve you for new credit.
To minimize damage, bring any past due accounts current as soon as possible and maintain on-time payments going forward. Paying off collection accounts or allowing them to age can also help improve your credit over time. Responsible credit use is the best way to rebuild and improve your credit score after it takes a hit from late payments.
Avoiding Late Payments
Being late on payments can damage your credit score and lead to fees or legal consequences. Here are some strategies to help avoid late payments:
Set up payment reminders and automate recurring bills – Mark all due dates on your calendar and set up automated reminders on your phone or computer. Set up automatic payments through your bank for fixed expenses like rent, utilities, car payments, etc. Automation reduces the chance of forgetting and makes sure bills are paid on time.
Prioritize essential expenses first – When money is tight, be sure to pay necessities like rent, utilities, food, transportation, and minimum credit card payments before less vital expenses. Missing essential payments can quickly spiral into bigger issues.
Build a financial cushion – Try to maintain a buffer of emergency savings to handle unexpected expenses and avoid late payments. Experts recommend saving 3-6 months of living expenses if possible. Even a small cash reserve can help tide you over during hardship.
Staying organized, planning ahead, and budgeting wisely will help minimize the stress of bill paying. Reach out early to creditors if you anticipate falling behind on any payments. Protect your finances and credit score by making on-time payments a top priority. If you are working with creditors to negotiate a settlement or even just an extension of time, then they may be more willing to accept your settlement or extension request.
Negotiating Extensions
If you find yourself unable to make a payment by the due date, it’s important to proactively communicate with creditors or lenders before the payment becomes past due or overdue. Many creditors and lenders are willing to provide some flexibility, especially if you have a history of on-time payments.
When negotiating for an extension, be honest about your situation and reasons for the request. Provide as much advance notice as possible, rather than waiting until the last minute. Clearly explain how much additional time you need, and when you will be able to make the payment. Some key tips:
- Ask nicely. Adopt a polite and grateful tone when requesting an extension. Understand that it’s a favor on their part, not an obligation.
- Offer partial payments If possible, make a partial payment by the original due date as a show of good faith. Offer to pay the remainder by the extended due date.
- Suggest alternatives Propose other options like increasing your next payment or setting up a payment plan. Offer ways to make it work for both parties.
- Provide documentation Share documents or information to back up your situation if relevant, like medical bills or a job loss. Don’t provide sensitive details unless necessary.
- Avoid repeated extensions While most creditors will work with you once or twice, chronic extension requests may be denied or require penalties. Get your finances in order.
- Review revised terms If an extension is granted, thoroughly review the new terms and due date in writing to avoid confusion. Make sure you can comply.
- Express gratitude Thank the creditor/lender for their flexibility and understanding. Maintain a positive relationship for future needs.
With proactive communication and a cooperative attitude, you can often negotiate short-term extensions and prevent payments from becoming past due or overdue. However, be aware that interest charges or fees may still apply.
Potential Legal Actions
Falling behind on payments and accumulating past due or overdue balances can potentially lead to legal action. If you fail to repay debts, creditors have the right to pursue repayment through the legal system.
The most common legal actions include:
Lawsuits for Nonpayment
If polite requests and letters fail to prompt payment on a past due account, creditors may file a lawsuit against you. This legal action enables them to obtain a court judgment that formally requires you to pay back the amount owed.
If you still refuse to pay after a judgment, the creditor can request remedies like wage garnishment or liens against your property to recover the money. Creditor lawsuits also tarnish your credit history.
Wage Garnishment
Creditors can seek a court order to garnish your wages, which forces your employer to withhold a portion of your earnings to pay off your debts. In some cases this can be up to 50% of your disposable pay can be taken in some states according to U.S Department of Labor Wage and Hour Division.
Wage garnishment provides creditors with a powerful collection tool that continues until the debt is paid off. However, federal law provides some protections, such as restricting garnishment for head of household employees.
Debt Industry Terminology
When dealing with certain industries, some tend to favor one term over the other. For instance:
– Financial services and banking generally use “past due” on account statements and communications.
– Government agencies like the IRS refer to “past due taxes” rather than overdue.
– Libraries will use “overdue books” rather than past due when sending notices.
– Retailers may use “past due” on invoices but “overdue account” when contacting customers about late payments.
So in summary, while the terms are often interchangeable, regional and industry conventions can influence the preference for “past due” or “overdue” in formal communication. But the meaning is quite similar.