Contact Our SBA Attorneys for Nationwide Representation of SBA and Treasury Debt Problems
Book a Consultation CallAs a leading law firm in the field of SBA and Treasury debt collection cases, Protect Law Group offers top-notch litigation and negotiation services before the SBA Office of Hearings and Appeals (OHA). Our SBA OHA attorneys are well-versed in the complex federal laws and regulations surrounding these matters and have extensive experience representing clients throughout the United States. Whether you are located on the West Coast, Southwest, Mountain West, Midwest, Great Plains, East Coast, Northeast, Appalachia, the South, Alaska or Hawaii, our SBA OHA attorneys, who are authorized by the Agency Practice Act (5 U.S.C. § 500), can represent your interests against the U.S. Small Business Administration and their team of Trial Attorneys from the Office of General Counsel. Contact us today if you need assistance challenging an SBA Program Decision before the SBA OHA.
We prosecute SBA Debt Collection cases involving SBA 7(a), 504, COVID (PPP, EIDL), and 7(b) Disaster loans. Our SBA OHA Attorneys can appeal certain SBA debt collection cases and property deprivation issues through litigation. Our SBA OHA Attorneys can evaluate the facts of your case, research legal issues, assess the prospects of resolution and, if applicable, prepare an Appeals Petition in response to proposed administrative offsets against federal benefits (such as Social Security Income or Disability), federal salary offsets, federal contractor pay, military salary, pension and annuity pay offsets. Be advised that an Appeals Petition is accepted at the sole discretion of the SBA OHA and the presiding United States Administrative Law Judge (ALJ).
The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide a quasi-judicial appeal of eligible SBA Program Decisions. The SBA OHA has jurisdiction 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 C.F.R. Part 140. The SBA OHA 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 know and understand government contracts, federal regulations, including the nuances that may arise if the SBA tries to deprive your property without due process of law. You have the right to challenge administrative offset, federal salary offset, military pay offset, military pension, or annuity offset due to an SBA loan default. If you receive the SBA's Notice where federal salary offset, federal contractor offset or administrative offset is proposed, you have the opportunity to present evidence to OHA (13 C.F.R. §140.3(e)(1)). To have a hearing before OHA, you must request a hearing by filing an Appeals Petition within fifteen (15) days of receiving the Notice of Intent to Offset (13 C.F.R. §140.3(e)(1)). Therefore, time is of the essence and you will need to contact experienced legal counsel for assistance.
Understand that time deadlines must be met to pursue your right to file an Appeals Petition in response to an eligible Notice of Offset. If you fail to act within the regulatory time frame from receipt of the Notice, you can damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA on jurisdictional grounds. With several years of experience focusing on SBA debt collection cases, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues governing SBA rules, regulations and appeals.
Our SBA attorneys can help with the following:
The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide a quasi-judicial appeal of eligible SBA Program Decisions. The SBA OHA has jurisdiction 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 C.F.R. Part 140. The SBA OHA 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 know and understand government contracts, federal regulations, including the nuances that may arise if the SBA tries to deprive your property without due process of law. You have the right to challenge administrative offset, federal salary offset, military pay offset, military pension, or annuity offset due to an SBA loan default. If you receive the SBA's Notice where federal salary offset, federal contractor offset or administrative offset is proposed, you have the opportunity to present evidence to OHA (13 C.F.R. §140.3(e)(1)). To have a hearing before OHA, you must request a hearing by filing an Appeals Petition within fifteen (15) days of receiving the Notice of Intent to Offset (13 C.F.R. §140.3(e)(1)). Therefore, time is of the essence and you will need to contact experienced legal counsel for assistance.
Understand that time deadlines must be met to pursue your right to file an Appeals Petition in response to an eligible Notice of Offset. If you fail to act within the regulatory time frame from receipt of the Notice, you can damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA on jurisdictional grounds. With several years of experience focusing on SBA debt collection cases, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues governing SBA rules, regulations and appeals.
Our SBA attorneys can help with the following:
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase. The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.
Clients' 7(a) loan was referred to Treasury's Bureau of Fiscal Service for enforced collection in 2015. They not only personally guaranteed the loan, but also pledged their primary residence as additional collateral. One of the clients filed for Chapter 7 bankruptcy thinking that it would discharge the SBA 7(a) lien encumbering their home. They later discovered that they were mistakenly advised. The Firm was subsequently hired to review their case and defend against a series of collection actions. Eventually, we were able to negotiate a structured workout for $180,000 directly with the SBA, saving them approximately $250,000 (by reducing the default interest rate and removing Treasury's substantial collection fees) and from possible foreclosure.
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