The Small Business Administration (SBA) has specific procedures for debt collection when a borrower defaults on an SBA loan. Here is a general overview of how SBA debt collection works:

  1. Notice of Default: When a borrower defaults on an SBA loan, the lender typically sends a notice of default. This notice informs the borrower that they have failed to meet the terms of the loan agreement.
  2. Attempts to Cure the Default: The lender usually provides a period for the borrower to cure the default, which may involve catching up on missed payments or restructuring the loan.
  3. Referral to the SBA: If the borrower is unable to cure the default, the lender may refer the loan to the SBA for further action. This is especially relevant for loans where the SBA has provided a guarantee.
  4. SBA’s Debt Collection Efforts: The SBA has various tools at its disposal for debt collection. This can include working out a payment plan with the borrower, offsetting tax refunds, garnishing wages, or taking legal action.
  5. Treasury Department Referral: If the SBA cannot collect the debt, it may refer it to the U.S. Department of the Treasury. The Treasury has additional powers for debt collection, including the Treasury Offset Program (TOP), which can intercept federal payments like tax refunds to satisfy the debt.
  6. Legal Action: In some cases, the SBA may initiate legal action against the borrower. This can involve filing a lawsuit for a judgment, allowing for methods like liens on property or bank levies.
  7. Bankruptcy Considerations: If a borrower declares bankruptcy, the SBA will participate in the bankruptcy process. The outcome depends on the type of bankruptcy and the case’s specifics.
  8. Reporting to Credit Bureaus: SBA loan defaults are typically reported to credit bureaus, which can negatively affect the borrower’s credit score.
  9. Settlement Options: In some situations, the SBA may consider a settlement offer, where the borrower can settle the debt for less than the full amount owed.
  10. Ongoing Monitoring: If a payment plan or settlement is arranged, the SBA monitors the borrower’s compliance with the terms.

What You Should Do If You Are Facing SBA Collection

If you’re facing SBA loan collection, addressing the situation promptly and strategically is important. First, thoroughly review your loan agreement to understand the terms and conditions, including the implications of default. Knowing exactly how much you owe and the repayment timeline is crucial. You should also gather all relevant financial documents, such as business financial statements and personal financial records, as these will be important in any discussions with the lender or the SBA.

The next step is to communicate directly with your lender. Lenders often prefer to work out a solution rather than proceed with collections. Discuss your financial situation openly and ask about options such as restructuring your loan, deferring payments, or setting up a more manageable repayment plan. Be honest about your ability to pay and be willing to negotiate. It’s also wise to consult a financial advisor or attorney specializing in debt issues. They can offer valuable advice, help you understand your rights, and may assist in negotiating with the lender.

Gideon Alper

About the Author

Gideon Alper is an attorney who specializes in asset protection planning. He graduated with honors from Emory University Law School and has over 15 years of legal experience.

Gideon has helped thousands of clients protect their assets from creditors. Before private practice, he represented the federal government while working for the IRS Office of Chief Counsel.

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