How Much of My Paycheck Can the Government Garnish?
The federal government can garnish up to 15% of your paycheck without first obtaining a civil court judgment. This can strike at the heart of your finances.
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 Consultation CallIf you have recently received a written notice from the Department of Treasury demanding payment for an SBA loan default you may not know which way to turn. Not only has your SBA debt come back to haunt you but the amount is now up to 30% more than because the Department of Treasury has added oppressive “collection fees.”
You may feel a certain type of paralysis because the federal government is looking to collect more money than you will ever be able to pay back in your lifetime. The first step you need to take is perform a proper investigation and an analysis of your legal defenses, where applicable.
Neither the SBA nor the Department of Treasury needs to go to court and prove their case in front of a jury or judge like a private creditor when it pursues you through the federal agency system. You do not receive your “day in court” to argue your case when the federal government is your creditor. The SBA and Department of Treasury unilaterally decide that you owe the debt. They do not send you any documents that prove you owe the debt and the federal government certainly does not provide you documents that may exonerate you from liability. The SBA and the Treasury may have hundreds of pages of documents related to your case, which you have a right to inspect and review.
To get your day in court, so to speak, you have to figure out what evidence is available and the legal defenses you can assert. An SBA Attorney can conduct such an investigation and advise you of your options. Once you know your options, you can make an informed decision on how to dispute the claimed debt.
Before filing bankruptcy and ruining your credit or taking another path, you should consider having one of our SBA Attorneys to conduct a proper investigation of your federal debt and determine if there are better alternatives.
Contact us today for a Case Evaluation.
Client personally guaranteed SBA 7(a) loan for $350,000. The small business failed but because of the personal guarantee liability, the client continued to pay the monthly principal & interest out-of-pocket draining his savings. Client hired a local attorney but quickly realized that he was not familiar with SBA-backed loans or their standard operating procedures. Our firm was subsequently hired after the client received the SBA's official 60-day notice. After back-and-forth negotiations, we were able to convince the SBA to reinstate the loan, retract the acceleration of the outstanding balance, modify the original terms, and approve a structured workout reducing the interest rate from 7.75% to 0% and extending the maturity date for a longer period to make the monthly payments affordable. In conclusion, not only we were able to help the client avoid litigation and bankruptcy, but we also save him approximately $227,945 over the term of the workout.
Clients personally guaranteed SBA 7(a) loan balance of over $300,000. Clients also pledged their home as additional collateral. SBA OIC accepted for $87,000 with full release of lien against home.
Clients personally guaranteed an SBA 7(a) loan. The SBA referred the debt to the Department of Treasury, which was seeking payment of $487,981 from our clients. We initially filed a Cross-Servicing Dispute, which was denied. As a result, we filed an Appeals Petition with the SBA Office of Hearings and Appeals asserting legal defenses and supporting evidence uncovered during the discovery and investigation phase of our services. Ultimately, the SBA settled the debt for $25,000 - saving our clients approximately $462,981.
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