Importance of Having Experienced Legal Representation
Having experienced legal representation is essential when it comes to settling your SBA debt. Contact Protect Law Group in Carlsbad, CA today!
Yes, you may stop an administrative wage garnishment once it starts. If you did not have a hearing, have new evidence or changed finances it may stop.
Book a Consultation CallStop Administrative Wage Garnishment
The Treasury will send you a notice of its intent to order an administrative wage garnishment. Thereafter, you can request a hearing. The hearing is usually a "paper hearing". This means you do not appear personally. Instead, you submit a legal brief and supporting evidence. However, if you fail to request a hearing timely, the Treasury will issue an administrative wage garnishment order to your employer. Similarly, if the hearing is held and the hearing officer finds in favor of the government, your wages will be garnished.
Once the administrative wage garnishment starts, you may stop it in limited circumstances. As stated, if you fail to submit your hearing request, the administrative wage garnishment order will issue. However, you can still submit a hearing request late. Thereafter, if a hearing officer does not make a decision within 60 days, the administrative wage garnishment will be suspended. The suspension will go into effect on the 61st day after your hearing request.
If you did request a hearing and the hearing officer ruled against you, you may obtain a new hearing if you obtain new evidence. However, the government will not provide you with a new hearing simply because you disagree with the hearing officer's initial decision. Instead, you must have obtained new evidence that would exonerate you from the administrative wage garnishment.
If your wages are subject to garnishment but your financial circumstances change, you may qualify for a financial hardship exemption. For instance, at the time of the original hearing your spouse may have been employed. But in the interim, your spouse suffered a lay off and remains unemployed, cutting your household income in half. As such, you may request a new hearing based on the financial hardship the garnishment now causes as you can't meet your basic living expenses. Keep in mind, you will have to provide financial documentation to prove the garnishment constitutes a financial hardship.
Our attorneys have years of experience dealing with administrative wage garnishments. Contact us today for a free initial consultation - 833-428-0934
Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure
Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements
Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.
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 SBA 504 loan balance of $375,000. Debt had been cross-referred to Treasury at the time we got involved with the case. We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.
Clients personally guaranteed SBA 504 loan balance of $750,000. Clients also pledged the business’s equipment/inventory and their home as additional collateral. Clients had agreed to a voluntary sale of their home to pay down the balance. We intervened and rejected the proposed home sale. Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.
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