
When it comes to debt, there are often many questions around which debts to pay off first. While there may not be a one-size-fits-all law governing the order of debt repayment, there are certainly guidelines and strategies to consider. The type of debt, interest rate, outstanding balance, and impact on credit scores are all factors that influence the priority of repayment. Additionally, it is crucial to understand the rights of debtors, the collection process, and the potential consequences of non-payment, such as wage garnishment or property seizure. Seeking expert advice and creating a comprehensive plan to tackle debt are recommended approaches to effectively manage and reduce debt.
| Characteristics | Values |
|---|---|
| Priority debts | Rent, mortgage, auto loan, taxes, credit card debt |
| Debt with the highest interest rate | Credit card debt |
| Debt with the lowest balance | Personal loans |
| Debt with a fixed interest rate | Personal loans |
| Debt with a variable interest rate | Credit card debt |
| Debt with a fixed end date | N/A |
| Debt without a fixed end date | N/A |
| Secured debt | Mortgage, auto loan |
| Unsecured debt | Credit card debt, student loan debt |
| Debt with a high impact on credit score | Delinquent accounts, accounts in collections |
| Debt with a low impact on credit score | N/A |
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What You'll Learn

Pay overdue debts first
When it comes to debt repayment, it is important to pay overdue debts first to avoid legal consequences and worsening financial health. Here are some reasons and strategies to address overdue debts as a priority:
Legal and Financial Consequences
Overdue debts can lead to legal and financial repercussions. In the United States, the Treasury Offset Program (TOP) is a mechanism that collects delinquent debts by withholding money from federal payments, such as tax refunds or social security benefits. This program underscores the importance of staying current with debt obligations to avoid involuntary payment reductions. Additionally, debt collectors have a limited time frame called the "statute of limitations" to take legal action for debt collection. While laws vary by state, acknowledging the debt or making a payment can reset this time limit, prolonging the collector's ability to pursue legal avenues.
Prioritizing Overdue Debts
To effectively tackle overdue debts, consider the following strategies:
- Housing and Essential Needs: Ensure that you prioritize debts related to housing, such as rent or mortgage payments, to prevent eviction or foreclosure. Similarly, allocate funds for essential needs like food to maintain a basic standard of living.
- Highest Interest Rates First: Focus on clearing debts with the highest interest rates first. This strategy helps reduce the overall interest burden and frees up more money in your budget for other expenses or savings.
- Credit Card Debt: Aim to pay off credit card debts in full each month before interest charges accrue. If this is not possible, consider consolidating credit card debt into a single loan with a lower interest rate or transferring balances to a low-interest or 0% interest credit card.
- Negotiate and Seek Assistance: Communicate with creditors and debt collectors. Negotiating a new payment plan with lower instalments or exploring debt settlement options can provide some relief. Free credit counselling services and reputable credit counselling organizations can assist with budgeting, money management, and debt repayment strategies.
- Budgeting and Expense Reduction: Create a budget to understand your income, expenses, and areas where you can cut back. This allows you to allocate funds efficiently and identify opportunities to increase your debt payments.
By addressing overdue debts first, you can mitigate legal risks, reduce financial strain, and work towards improving your overall financial health.
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Prioritise debts with higher interest rates
When deciding which debt to pay off first, it is generally recommended to focus on those with the highest interest rates. This approach is known as the "high-interest first" or avalanche strategy.
Here's how it works:
- Make a list of all your debts, including current balances, minimum monthly payments, and interest rates.
- Continue making the minimum monthly payments on all your debts.
- Put any extra money towards the debt with the highest interest rate.
- Once that debt is paid off, focus on the debt with the next-highest interest rate, and so on.
This method can save you both money and time in the long run. By tackling the debts with the highest interest rates first, you reduce the total amount of interest you'll pay over time. This approach is particularly cost-effective if you have multiple debts with similar interest rates.
However, it's important to note that this method requires patience, especially if your largest debt also has the highest interest rate. In such cases, it may take time to see progress, and it could feel discouraging. Additionally, if you have multiple debts with varying interest rates and balances, you may want to consider other strategies, such as the "smallest debt first" or "snowball" method, which can help build motivation by providing a sense of accomplishment as you quickly pay off smaller debts.
Ultimately, the best approach depends on your financial situation, goals, and debt load. It's essential to evaluate your options and choose a strategy that aligns with your priorities and budget.
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Avoid debt collectors' scare tactics
There is no specific law dictating which debt should be paid first. However, experts generally recommend paying off debts with the highest interest rates first and working downwards. Alternatively, you could consolidate several debts into one, which may be beneficial if the new loan has a lower interest rate.
Dealing with debt collectors can be intimidating, and they may use scare tactics to pressure you into paying up. Here are some ways to avoid these scare tactics:
- Know your rights: The Fair Debt Collection Privacy Act (FDCPA) protects you from third-party debt collectors who employ harassment and unfair practices. Credit card debt, medical bills, student loans, and mortgages are typically sold to debt collectors, and the FDCPA applies to these cases.
- Don't be intimidated: Debt collectors may use intimidating language and be extremely persistent. They may also threaten to take immediate collection action, such as garnishing your wages or seizing your possessions. However, these processes take time and require court approval.
- Ignore their calls: Debt collectors may try to overwhelm you with constant calls, even during inconvenient times. You are not legally required to answer these calls. Only respond if you have been served with a legal notice to appear in court.
- Don't give out personal information: Debt collectors may ask for your bank account number, Social Security number, or other personal details. Do not provide this information. They do not have the right to access your bank account or take money from your paycheck without going through the legal process and obtaining court approval.
- Be aware of deadlines: Debt collectors may create a sense of urgency by imposing deadlines for repayment. These deadlines are often fabricated to pressure you into quick repayment. Don't fall for this tactic; focus on understanding your rights and exploring your repayment options.
- Consider seeking legal advice: If you feel harassed or bullied by debt collectors, consider consulting a debt collection defense attorney. They can help you understand your rights, stop the harassment, and explore legal options for addressing your debt.
Remember, while it's important to address your debts, you don't have to endure illegal or harassing behaviour from debt collectors. Arming yourself with knowledge and seeking legal advice can help you navigate these situations effectively.
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Understand the statute of limitations
The statute of limitations on a debt dictates whether or not a creditor can sue a debtor over an unpaid debt. While the statute of limitations varies depending on the type of debt and location, it typically ranges from three to six years, but can be as long as ten years. Once the statute of limitations expires, debt collectors can no longer win a court order for repayment, and the debt becomes "time-barred".
It's important to note that the statute of limitations only applies to your legal responsibility. Even if a debt is time-barred, you still owe the debts you've accrued, and these debts can remain on your credit report for up to seven to ten years from the date of your last payment, impacting your credit score. Additionally, certain actions, such as making a payment on an old debt or verbally acknowledging the debt, can reset or "revive" the statute of limitations.
To defend yourself against debt collectors, you should be aware of the specific statute of limitations for your debt type and location. If you are sued for a time-barred debt, you can raise the statute of limitations as a defence in court. You can also send a cease and desist letter to the debt collector, ordering them to discontinue contacting you.
In summary, understanding the statute of limitations on debt is crucial for protecting your legal rights and managing your financial obligations. By staying informed about the specific laws and limitations that apply to your situation, you can make informed decisions and effectively handle any lingering debt.
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Seek free credit counselling
While there is no specific law dictating which debts to pay first, there are several strategies that can help you manage your debt effectively. One common strategy is to prioritize paying off debts with the highest interest rates first, as this can save you money in the long run. Additionally, seeking free credit counselling can be a valuable step towards gaining control of your finances and creating a healthier financial lifestyle.
Free credit counselling services, such as those offered by the non-profit organization American Consumer Credit Counseling (ACCC), can provide you with the tools and knowledge to manage your debt and improve your financial situation. ACCC has been offering free credit counselling and debt management services since 1991, with the goal of helping individuals and families regain control of their finances and make a plan for a debt-free future. Their certified debt counselors are experts in personal finance and can offer personalized advice and support.
During your initial free credit counselling session with ACCC, you will work together to evaluate your financial situation, including your income, assets, expenses, and debts. They will then present you with a range of options and resources to help you pay down your debt and improve your credit score. This may include creating a revised budget, developing a debt management plan, or even considering bankruptcy as a last resort. ACCC also provides free educational materials and financial tools to help you improve your financial literacy and make informed decisions.
In addition to ACCC, there are other non-profit organizations that offer free credit counselling services, such as the Consumer Credit Counseling Foundation. These organizations can provide you with the support and guidance you need to manage your debt and improve your financial health. They may also offer debt management plans to help you achieve your financial goals and become debt-free. By seeking free credit counselling, you can gain the knowledge, confidence, and support needed to take control of your financial future.
Remember, it is important to do your research and choose a reputable credit counselling organization that has your best interests at heart. Look for organizations that are accredited and have positive reviews or ratings from trusted sources. By taking advantage of free credit counselling services, you can take the first step towards financial freedom and a brighter future.
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Frequently asked questions
Debt is a financial obligation undertaken by a borrower that must be repaid to the lender, usually with an additional payment of interest. The most common forms of debt are loans, including mortgages, auto loans, and personal loans, as well as credit cards.
There are a few methods to help you decide which debt to pay off first. The "snowball method" focuses on paying off the smallest of all your loans as quickly as possible. The "avalanche method" focuses on paying off the loan with the highest interest rate first. Experts generally recommend paying off your highest-interest debts first.
If you are having trouble paying off your debt, free credit counselling assistance is available. You can also talk to a lawyer about your options. If you have a low income, you may be able to get free help from organisations like the University of Washington's Taxpayer Clinic.































