Private Collection Agencies: What You Need to Know
If you've defaulted on an SBA guaranteed loan, you'll be hearing from one of four private collection agencies contracted by the Treasury.
Learn how to present your information and ask smart questions when inquiring SBA attorney services through our free lawyer consultation.
Book a Consultation CallEntrepreneurs earn handsome rewards by taking risks. However, those risks don’t always result in success. When this happens, what do you do when you still owe on an SBA-backed loan?
If you’re like most business hopefuls, you most likely spent a great amount of time thinking about how your business will succeed. Most entrepreneurs don’t think about the risk of failure
Unfortunately, not all enterprises live up to entrepreneurs’ expectations. If you received an SBA-backed loan and your business failed, however, you need to act now.
The first thing that you need to do is hire an attorney. However, it’s important to make the most of the initial attorney consultation.
To learn how to maximize your SBA lawyer consultation, continue reading.
Lawyer Consultation
Before you speak with a lawyer, you need to organize your information. The information that you offer must present a full picture of your situation.
With this in mind, gather all information relevant to your SBA loan. You should also gather any documentation that can serve as evidence supporting the reason why your business failed or why you do not owe the debt.
Next, write down everything about the situation from beginning to end. Record all information in chronological order.
At this point, you’ll probably accumulate a considerable amount of documentation. It’s helpful to keep everything together in a folder.
You also want to make a list of everyone that can support your argument. The list should include names and contact numbers for the lawyer.
The lawyer may not contact everyone on the list or need all of this information. However, it’s important to give your counselor everything that they need to support you.
For this reason, it’s important to provide every detail possible about your business and the circumstances that led you to default on the loan. For example, it’s important to include small facts such as the exact names of involved parties and dates regarding any incidents.
You may think that little details won’t make a difference in your case. However, every detail is important when it comes to legal matters.
A small fact can make a big difference in the outcome of your case. It’s your responsibility to give your lawyer all the information that they need to provide a positive result on your behalf.
Before you ask a lawyer for legal advice, it’s important to ask a few questions. When you speak with an attorney, for instance, it’s important to learn about their background.
Some people feel intimidated by asking a lawyer about their experience. However, you’re going to rely on this professional to manage a very important issue on your behalf.
You wouldn’t hire a plumber to fix your electrical system. Likewise, you don’t want to hire a lawyer to help with your SBA offer in compromise whose experienced mostly in trademark law. Accordingly, it makes good sense to prepare questions to ask an attorney.
Also, do some online research. Check out reviews from previous clients if they are available. You can also browse a potential lawyer’s website to find out what you can about the counselor or firm. Most attorneys won't provide references because it can violate privileged attorney-client communications.
When you choose a lawyer, it’s important to understand their strategy for your case. It’s also helpful to ask what procedures may be involved in reaching a resolution.
You also want to know how long it will take to resolve your issue. Additionally, you want to find out if there are various options available to resolve your debt. Understand that, ethically, attorneys cannot guarantee a result.
While you should expect transparency from your lawyer, the opposite is also true. You must practice complete honesty with your counselor.
Try to remember that your lawyer is on your side. Hiding information is not going to help your case. If you omit or obscure facts about your circumstances, it can damage the outcome of your situation.
As a result, you’ll have to tell your lawyer everything – good and bad. This transparency will give your counselor the information they need to provide you with the best possible attorney advice.
Also, the lawyer cannot resolve your issue overnight. As time passes, circumstances may likely change.
If so, you must update your counselor as soon as possible. Any small development can drastically change the outcome of your efforts to resolve your debt
In most instances, it takes time to resolve these kinds of issues.
It’s important to choose an attorney who takes the time to make sure that you understand your situation fully. However, it’s also important to choose a counselor as soon as possible. If you wait to find a lawyer, you may limit your legal options.
Also, make an effort to find out how much it will cost you for representation. Attorneys have varying rates and payment options. It’s important to understand your financial obligations to your lawyer.
Finally, it often helps to bring a trusted friend along for emotional support during stressful times. However, this practice isn’t necessarily a good idea when it comes to legal matters.
The law protects communications between you and your counselor. However, you might jeopardize that privilege if you bring a third-party along when you talk to a lawyer.
Now that you know more about preparing for a lawyer consultation, you also need an expert lawyer with experience.
Protect Law Group specializes in Small Business Administration matters. Our counselors are experienced, ethical, and competent. We’re here to discuss your situation and help you to find the best possible solution.
You deserve unparalleled attention and focus on your case. At Protect Law Group, it’s our mission to provide you with that service.
If you’d like to learn more about how Protect Law Group can help you resolve your unpaid SBA-backed loan, please call us at (833) 428-093 Please note, we do charge a nominal fee for consultations regarding CARES Act related information.
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.
Client received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.
Client personally guaranteed SBA 7(a) loan balance of over $150,000. Business failed and eventually shut down. SBA then pursued client for the balance. We intervened and was able to present an SBA OIC that was accepted for $30,000.
Client’s small business obtained an SBA 7(a) loan for $150,000. He and his wife signed personal guarantees and pledged their home as collateral. The SBA loan went into default, the term or maturity date was accelerated and demand for payment of the entire amount claimed was made. The SBA lender’s note gave it the right to adjust the default interest rate from 7.25% to 18% per annum. The business filed for Chapter 11 bankruptcy but was dismissed after 3 years due to its inability to continue with payments under the plan. Clients wanted to file for Chapter 7 bankruptcy, which would have been a mistake as their home had significant equity to repay the SBA loan balance in full as the Trustee would likely seize and sell the home to repay the secured and unsecured creditors. However, the SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection to the SBA. Clients then received the SBA Official 60-Day Notice and hired the Firm to respond to it and negotiate on their behalf. Clients disputed the SBA’s alleged balance of $148,000, as several payments made to the SBA lender during the Chapter 11 reorganization were not accounted for. To challenge the SBA’s claimed debt balance, the Firm Attorneys initiated expedited discovery to obtain government records. SBA records disclosed the true amount owed was about $97,000. Moreover, because the Clients’ home had significant equity, they were not eligible for an Offer in Compromise or an immediate Release of Lien for Consideration, despite being incorrectly advised by non-attorney consulting companies that they were. Instead, our Firm Attorneys recommended a Workout of $97,000 spread over a lengthy term and a waiver of the applicable interest rate making the monthly payment affordable. After back and forth negotiations, SBA approved the Workout proposal, thereby saving the home from imminent foreclosure and reducing the Clients' liability by nearly $81,000 in incorrect principal balance, accrued interest, and statutory collection fees.
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