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 about reviewing a credit report after an SBA loan default, identifying disputed entries, and documenting concerns about reported debt.
Book a Consultation CallDispute Credit Report
As part of your annual to do list, obtain a copy of your credit report to check for negative credit marks. If you obtained an SBA loan or signed as a personal guarantor on an SBA loan and the loan went into default, the SBA may report the default on your credit report. To that end, federal law authorizes the SBA to report such defaulted debt to credit reporting agencies. Experian, TransUnion and Equifax comprise the three main credit reporting agencies.
A defaulted loan will negatively affect your credit score, make lenders unlikely to lend to you for purchases such as a car or house or it will make those purchases much more expensive in the form of a higher interest rate.
In certain circumstances, you can force the removal of a negative credit mark. However, you need to prove that the defaulted debt must be removed. For instance, common reasons for removal of a negative credit reporting include the following:
In any case, you must obtain and provide evidence that shows why the negative credit reporting should be removed. Simply writing a letter asking the credit reporting agencies to re-investigate fails in accomplishing your goal more often than not.
Again, simply writing a letter to the credit reporting agencies is not likely to accomplish much. An effective letter includes evidence and explains why the evidence exonerates you and dictates removal of the debt on your credit report.
Unfortunately, telephone disputes fail to create an adequate record for future use. Moreover, although federal law requires the nationwide credit reporting agencies to maintain a toll-free number for consumers, telephone access is not always consistent. Equifax, TransUnion and Experian paid a total of $2.5 million to settle charges by the FTC that they failed to meet legal requirements for telephone access.
Moreover, internet disputes make a dubious remedy as well. When a consumer makes a dispute through a nationwide credit reporting agency website, the website confides consumers to a "check-box" dispute form. This provides the credit reporting agencies with defenses premised on the lack of detail in a dispute. Furthermore, online disputes make documentation of your disputed file difficult.
In addition to including your evidence, your written dispute needs to be clear, complete and unambiguous. Furthermore, suggest steps for the re-investigation. Lastly, your steps should be aligned with federal law and federal regulations.
If the SBA or the credit reporting agencies refuse to remove the debt, you may still have rights under the Fair Credit Reporting Act and other laws and may be able to pursue litigation. Contact a local attorney familiar with this type of law. You have the ability to file a complaint with the government and ask the Consumer Financial Protection Bureau to investigate on your behalf, as well.
Our experienced, federally authorized attorneys will aggressively pursue your rights. Protect Law Group takes a systematic, proven approach to your credit report issues regarding SBA loans. Protect Law Group first investigates your claim and determines whether grounds exist to dispute your credit report. If our investigation reveals evidence that exonerates you from the debt or requires removal of the negative credit mark, our skilled attorneys will draft your re-investigation letter with applicable documentation and evidence. Lastly, if the credit reporting agencies, SBA or other federal agency refuse to remove the negative credit mark in light of the evidence, our attorneys will draft a complaint to be filed with the Consumer Financial Protection Bureau on your behalf.
Call our office today at 833-428-0937 and schedule your free initial case evaluation. Feel free to contact us via our website as well - www.sba-attorneys.com.
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.
Our firm successfully resolved an SBA 7(a) loan default in the amount of $212,000 on behalf of an individual guarantor. The borrower’s business experienced a significant downturn in revenue and was unable to sustain operations, ultimately leading to closure and a remaining personal guaranty obligation.
After conducting a thorough financial review and preparing a comprehensive SBA Offer in Compromise (SBA OIC) submission, we negotiated directly with the SBA and lender to achieve a settlement of $50,000—approximately 24% of the outstanding balance. This favorable resolution released the guarantor from further personal liability and provided the opportunity to move forward free from the burden of enforced collection.
Clients executed personal and corporate guarantees for an SBA 7(a) loan from a Preferred Lender Provider (PLP). The borrower corporation defaulted on the loan exposing all collateral pledged by the Clients. The SBA subsequently acquired the loan balance from the PLP, including the right to collect against all guarantors. The SBA sent the Official Pre-Referral Notice to the guarantors giving them sixty (60) days to either pay the outstanding balance in full, negotiate a Repayment (Offer in Compromise (OIC) or Structured Workout (SW)), challenge their alleged guarantor liability or file a Request for Hearing (Appeals Petition) with the SBA Office of Hearings & Appeals.
Because the Clients were not financially eligible for an OIC, they opted for Structured Workout negotiations directly with the SBA before the debt was transferred to the Bureau of Fiscal Service, a division of the U.S. Department of Treasury for enforced collection.
The Firm was hired to negotiate a global Workout Agreement directly with the SBA to resolve the personal and corporate guarantees. After submitting the Structured Workout proposal, the assigned SBA Loan Specialist approved the requested terms in under ten (10) days without any lengthy back and forth negotiations.
The favorable terms of the Workout included an extended maturity at an affordable principal amount, along with a significantly reduced interest rate saving the Clients approximately $181,000 in administrative fees, penalties and interest (contract interest rate and Current Value of Funds Rate (CVFR)) as authorized by 31 U.S.C. § 3717(e) had the SBA loan been transferred to BFS.
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.
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