Debt Resolution: What Are SBA Offers in Compromise (OIC)?
It's been a tough year for many small business owners. Find helpful information in our guide to Offers In Compromise and how to find legal assistance.
We Provide Nationwide Representation of Small Business Owners, Personal Guarantors, and Federal Debtors before the SBA and Treasury Department's Bureau of Fiscal Service
Book a Free Consultation CallWe prosecute SBA Debt Collection cases before the SBA Office of Hearings & Appeals (SBA OHA). Our SBA OHA Appeal Attorneys are well-versed in appealing certain SBA debt collection cases and property deprivation issues via administrative litigation before the SBA OHA. Our SBA OHA Appeal Attorneys can help you assess the specifics of your case and, where applicable, prepare an Appeals Petition in response to eligible administrative offsets, federal salary offsets, military salary and military pension and annuity pay offsets. If your SBA debt collection Appeals Petition is accepted at the sole and absolute discretion of the SBA OHA, our SBA OHA Appeal Attorneys can then prosecute your administrative litigation matter.
We can launch formal discovery, issue subpoenas, engage in motion practice, represent you in alternative dispute resolution (ADR) or pre-hearing conferences, perform legal research and write persuasive legal arguments that help advocate your position with the goal of possibly settling or compromising your SBA debt once and for all.
The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide an independent, quasi-judicial appeal of certain SBA program decisions. The SBA OHA has jurisdictional authority to conduct proceedings in the collection of debts owed to the SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and 13 CFR Part 140. The SBA OHA has the sole and absolute discretion with regard to your Appeals Petition. The SBA OHA’s office is on the Eighth floor of SBA headquarters above the Federal Center SW metro stop. Their address is: 409 Third Street, SW, Eighth Floor, Washington, DC 20416.
Aggressive collection of SBA debts has increased considerably in recent years. Understanding the SBA OHA appeals process requires experienced SBA OHA Appeal Attorneys who are knowledgeable and understand government law, including the nuances that may arise if the SBA tries to deprive your property without due process of law. You can fight administrative offset, federal salary offset, military pay offset, military pension or annuity offset based on an SBA loan default. If you have received the following sample Notice from either the SBA or on behalf of the SBA by the Treasury/Bureau of Fiscal Service:
Administrative Offset against your Federal Salary, Pension or Retirement Benefits (e.g., DFAS Military, United States Postal Service, Department of Defense)
then, time is of the essence ... that’s where Protect Law Group can help. However, you must understand that there are certain time deadlines that must be met to try and preserve your right to file an Appeals Petition in response to the aforesaid sample Notice. If you fail to act within the statutory time frame from receipt of your Notice, you damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA. With several years of experience focusing on SBA debt collection matters, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues covering SBA rules, regulations and appeals.
We’re here to help and can:
The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide an independent, quasi-judicial appeal of certain SBA program decisions. The SBA OHA has jurisdictional authority to conduct proceedings in the collection of debts owed to the SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and 13 CFR Part 140. The SBA OHA has the sole and absolute discretion with regard to your Appeals Petition. The SBA OHA’s office is on the Eighth floor of SBA headquarters above the Federal Center SW metro stop. Their address is: 409 Third Street, SW, Eighth Floor, Washington, DC 20416.
Aggressive collection of SBA debts has increased considerably in recent years. Understanding the SBA OHA appeals process requires experienced SBA OHA Appeal Attorneys who are knowledgeable and understand government law, including the nuances that may arise if the SBA tries to deprive your property without due process of law. You can fight administrative offset, federal salary offset, military pay offset, military pension or annuity offset based on an SBA loan default. If you have received the following sample Notice from either the SBA or on behalf of the SBA by the Treasury/Bureau of Fiscal Service:
Administrative Offset against your Federal Salary, Pension or Retirement Benefits (e.g., DFAS Military, United States Postal Service, Department of Defense)
then, time is of the essence ... that’s where Protect Law Group can help. However, you must understand that there are certain time deadlines that must be met to try and preserve your right to file an Appeals Petition in response to the aforesaid sample Notice. If you fail to act within the statutory time frame from receipt of your Notice, you damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA. With several years of experience focusing on SBA debt collection matters, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues covering SBA rules, regulations and appeals.
We’re here to help and can:
Clients borrowed and personally guaranteed an SBA 7a loan. Clients defaulted on the SBA loan and were sued in federal district court for breach of contract. The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan. We were subsequently hired to intervene and aggressively defend the lawsuit. After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.
Clients personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection. Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest. We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.
Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture. After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against our client’s monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA). As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy), but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.
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