Under the Federal statute of limitations (28 U.S.C. 2415(a)), an action by the Government to recover upon a contract is barred unless filed within 6 years from the date a cause of action occurred. The date of the accrual of the cause of action may be subject to various interpretations. However, in the event of partial payment or acknowledgement of the debt, the cause of action again accrues at the time of the partial payment or acknowledgement.
So for example, if you defaulted on an SBA loan on January 1, 2007, then generally, the Federal Government would only have up until about January 1, 2013 to collect from you, otherwise any lawsuit filed after this date, would be barred by the federal statute of limitations defense.
However, in May 2008, a little known law, titled “The Food, Conservation and Energy Act of 2008” was passed by Congress & eventually signed by President Barack Obama – containing just 3 sentences buried deep within a 600 plus page Act – which arguably erases the federal statute of limitations defense noted above.
This law authorizes the federal government to investigate and forcibly collect using certain tools such as the Treasury Offset Program (TOP) or Administrative Wage Garnishment (AWG) against anyone who was overpaid by or who owed a back loan, fines or fees to a federal agency (such as the SBA) no matter how decades old.
If you have a non-tax federal debt, such as an old SBA loan, an Department of Education Student loan, and have recently been contacted by either the Treasury Department, the Bureau of Fiscal Service, or by the Department of Justice, you need professional representation.
Our attorneys all know how to win SBA OIC and/or DOT compromise cases. If you contact us, we will help you settle SBA or other non-tax federal debt once and for all. After you schedule an appointment, you will meet with a devoted SBA OIC lawyer & United States DOT Practitioner who will help you through your legal battle. After your claim is resolved, you will never again have to worry about your SBA loan default or other non-tax federal debt problem haunting you. Our team of lawyers has assisted many clients through the years. Now it is your turn! You truly can settle SBA and/or non-tax federal debt for good!
Call us at 888-756-9969 or visit us at http://sba-attorneys.com/federal-debt-defense/ for more detailed information about our services.