Listen, I know you’re under a lot of stress. So let’s take a breath and address this step by step. Your business didn’t make it, and that’s tough. Your business equipment was liquidated and the loan has been in default for a while. While the lenders haven’t filed a lawsuit against you for your personal guarantees, the situation isn’t over. You’ve now received a Notice from the SBA or a Collection Letter from the Treasury Department’s Bureau of Fiscal Service, which we’ll refer to as BFS for now. They claim you owe a hefty sum of money and expect you to pay up within 60 days of receiving the notice.

What Now?

First things first, you absolutely must not ignore this official SBA 60-Day Notice (click here to see what this looks like). If you let this slide, trust me, the repercussions could be harsh. You have just the one chance to handle this SBA debt through either an Offer in Compromise (paying less than what’s due, based on specific factors of your case) or a Repayment Agreement (a pay-back plan agreed by both parties, ideally requiring a lesser sum than what’s due).

What about the Collection Letter?

Similarly, don’t take the Collection Letter lightly. But also, don’t try to deal with BFS alone. It’s essential not to give them any financial information or admit you owe the alleged debt without legal guidance, as it could impact your leverage for negotiations. Once your SBA debt reaches BFS, be prepared for numerous collection letters and calls pressuring you to contact them.

The Treasury’s Demand

Treasury’s collection agents often state they’ll accept a settlement offer at a 20% discount if you clear all dues within 30 days. Here’s an example: if your supposed SBA debt stands at $200,000, along with accrued interest, penalties and costs amounting to $60,000, your total due is $260,000. Treasury’s agents will say they’ll settle your debt for $208,000 (80% of total claimed SBA debt including all accrued charges), but only if you pay within 30 days. They might offer a repayment agreement, requiring a monthly payment of $7,222 over the next three years. For many, such offers just aren’t feasible. And if you reject their tough offers, the Treasury will enforce the collection using administrative tools, like Administrative Wage Garnishment (AWG), Treasury Offset against Federal salary, pension, benefits, contractor payments, and/or tax refunds. They might even get private collection agencies involved or refer your SBA debt to the Department of Justice for collection litigation.

Solutions?

If your debt situation is still in the hands of SBA, your best bet is responding to the 60-Day Official Notice and opting for an SBA Offer in Compromise, or negotiating a Repayment Agreement. If BFS now holds your case, and there’s a valid reason, do consider moving your debt back to SBA. Suppose you never received the Official 60-Day Notice from SBA, engaging expert attorneys like us, Lawscape, and my team at the Lawscape can help get your case moved from BFS back to SBA.

How Can Lawscape and The Lawscape Assist You?

My team and I have been able to resolve SBA Debts worth millions of dollars through Offer in Compromise and negotiated Repayment Agreements, rescuing our clients from bankruptcy or home foreclosure. Similarly, we’ve defended against Treasury Debts worth millions of dollars through AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers, and Negotiated Repayment Agreements. We’re authorized by the Agency Practice Act to represent Federal Debtors across the nation before SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.

Feel free to contact us for a free initial case evaluation with an expert attorney. We can help assess your prospects for an SBA Offer in Compromise, counter Treasury’s aggressive collection demands, and check if your case is eligible for recall from Treasury to SBA.

Remember, you’re not alone on this journey. We’re here to walk through it with you!