Contesting a Federal Salary Offset Following an SBA Loan Default

Imagine getting a not-so-friendly notice from the Department of Treasury (DOT) that your hard-earned salary is about to curb a hit. You’re a federal employee, and you’ve defaulted on a Small Business Administration (SBA) loan. The DOT has a bone to pick with you, and, frankly, they want a bite of your paycheck every pay period until the debt clears.

Sounds a bit of a bummer, right? But take a deep breath because here’s some good news: it’s not carved in stone just yet. You can appeal the wage garnishment or offset to the SBA’s Office of Hearing and Appeal (OHA). Now, don’t think that this path is a walk in the park – it’s not. This course should bring about some serious contemplation, and it’s certainly not all sunshine for a novice attorney or a layman dabbling in OHA cases.

Preparing for Your OHA Appeal

If you decide to skip down the path of an OHA appeal, you’re not going to be alone. The OHA assigns an administrative law judge (ALJ) just for your appeal. Similarly, the SBA packs its corner with an attorney of their own. So, essentially, an OHA appeal transforms into a litigated case, complete with motions, subpoenas, motions for summary judgment, and all the jazz.

Forewarned is forearmed, my friend. If you fail to respect the law and procedures of the OHA appeal process, don’t be surprised if the OHA swings the sanction hammer your way. It’s really not the time or place to skimp on resources when fighting a federal salary offset or garnishment.

The Upside of an OHA Appeal

Sure, an OHA appeal can seem somewhat daunting, but it can also break open an effective path to whittle down your SBA loan default – either by court decision or through a settlement with the SBA. And here’s the kicker: if you can prove the debt doesn’t exist or isn’t enforceable, you can get the debt and wage garnishment or offset off your back. Plus, a well-argued appeal may just tip the SBA scale towards settling the debt instead of squaring off in front of the OHA.

In Need of Assistance?

If that SBA loan default still haunts you and you’re a federal employee, don’t bury your head in the sand. Pull out your phone and reach out to our good friend Lawscape at the Lawscape for some sound, pragmatic advice. They’ve assisted people navigate the turbulent waters of SBA Debts, Treasury Debts, AWG (Administrative Wage Garnishment) Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, and more.

Simply put, if you’re in the trenches with federal debts, the Lawscape practices nationwide and is authorized by the Agency Practice Act to represent Federal Debtors before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service. Now, that’s a team in your corner.

To get the ball rolling, don’t hesitate to contact Lawscape at Lawscape for a consultation or visit their website for more information.