Missed an EMI? What happens next, and how to limit the damage

Short answer: A missed EMI (monthly loan payment) usually brings a penal charge, a separate fine on which no interest can be charged. It also starts a 90-day clock. The lender marks the account from the due date. After 90 days unpaid, it becomes a “non-performing asset” (NPA). That seriously hurts your credit report and starts formal recovery. Paying everything you owe before 30 days limits the damage. Talk to the lender now, not at day 89. And missing an EMI is not a crime by itself.
The situation
Arjun’s salary came late. His personal-loan EMI of ₹8,000, due on 5 November, bounced (the payment failed). He’s worried about the police, his CIBIL credit record and recovery agents.
The 90-day clock
RBI rules apply to all loans, including small personal loans. Lenders label a late account in stages. SMA stands for “special mention account”, an early warning label:
| Days overdue | Lender’s label | What it means for you |
|---|---|---|
| From the due date | SMA-0 (up to 30 days) | Penal charge; reminders; reported to credit bureaus |
| 31–60 days | SMA-1 | More calls; bigger mark on your report |
| 61–90 days | SMA-2 | Final warnings |
| More than 90 days | NPA | Formal recovery; serious credit damage |
Paying one EMI doesn’t undo an NPA. The account goes back to normal only when you pay all the arrears (all the money that is overdue).
Arjun’s dates
Fictional, counted the same way as RBI’s own example.
EMI of ₹8,000 due on 5 Nov 2026, not paid:
- SMA-0 from 5 Nov
- SMA-1 on 5 Dec 2026
- SMA-2 on 4 Jan 2027
- NPA on 3 Feb 2027
His KFS (Key Facts Statement, the loan’s summary sheet) lists a penal charge of 2% a month on the overdue amount. That’s ₹160 for one month and ₹320 for two, if only this one EMI stays unpaid. Since 2024, lenders can’t charge interest on penal charges.
The penal charge rules (since 2024)
- A missed payment can bring a penal charge, kept separate from your interest. Lenders can’t add extra “penal interest” to your rate.
- No interest can be charged on penal charges.
- The charge must be reasonable, and your KFS and agreement must show it.
- If you borrowed for personal needs, you can’t be charged more than a company or firm would be for the same missed payment.
Credit cards follow separate rules: a card is reported “past due”, and a late fee charged, only after more than 3 days.
What happens next depends on the loan
| Loan | First weeks | 30–90 days | After 90 days |
|---|---|---|---|
| Credit card | Late fee after 3 days; interest | Reported overdue; card may be blocked | Recovery; settlement offers (see Settled, closed and written off) |
| Personal / app loan | Penal charge; bounce charge | Calls (8 am–7 pm only) | Recovery; possible civil case |
| Two-wheeler / car | Penal charge | Notice to take back the vehicle, as the agreement says | Vehicle taken back and sold after notice; you still owe any shortfall |
| Home loan | Penal charge | Flagged | NPA, then a legal notice giving 60 days, then the lender may take possession of the property (not for loans of ₹1 lakh or less) |
| Gold loan | Interest keeps adding | Notice | Auction after notice, at a reserve price (lowest allowed price) of at least 90% of value (85% if two auctions fail) |
| Microfinance | Penalty on the overdue amount only | Collection at the agreed place | Calls only 9 am–6 pm; no harassment |
What to do now
- Pay what you can, as soon as you can. If you clear all arrears before 30 days, the account stays at SMA-0.
- Call the lender’s official number. Ask for options such as a new due date or a short-term plan. (See Your next EMI doesn’t fit your budget.)
- Check your KFS for the penal charge and the bounce charge.
- Watch for the default alert. Lenders must send you an SMS or email when they report a late payment or default to credit bureaus (the companies that keep credit records).
- Know your rights: no calls before 8 am or after 7 pm, no threats, no shaming. (See A loan app is threatening you.)
Myths
- “Missing an EMI is a crime and police will come.” Not paying a loan is a civil matter, a dispute between you and the lender, not a crime. (Cheque bounces are a separate legal issue.)
- “They can add penal interest and charge interest on it.” Not since 2024. Only a separate penal charge is allowed, and no interest can be added on top.
- “Pay one EMI and the NPA tag goes away.” Only clearing all arrears does that.
- “The bank can take my house the day after I miss.” That needs NPA status, a 60-day notice and more steps.
What to check today
- Find your next due date and the penal-charge line in your KFS.
- Work out what you can pay before day 30.
- Call the lender today and write down the reference number.
Try it with your own numbers
→ Debt map: see all your payments and due dates together, and whether the minimums fit after basic needs.
Sources and review
- RBI: Penal Charges in Loan Accounts (18 Aug 2023), effective 2024: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12527 · extension: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12585
- RBI: SMA/NPA clarification (12 Nov 2021): https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12194
- RBI Credit Card Directions (3-day rule): https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12300
- RBI Gold-loan Directions (2025): https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12859
- Example dates calculated by Paisavy (
scripts/wave3_examples.py).
Educational information, not financial advice. Found an error? Tell us → · Corrections log