Let's Get Personal: A Guide to Help You Fill Out Your SBA Personal Financial Statement
Need help with paperwork? Get your financial ducks in a row with this guide to help you fill out your SBA personal financial statement.
The transcript of the video follows below for further review.
If you have an SBA loan default that has been referred to the Department of Treasury for collection, you may have been contacted by a private collection agency (PCA): Pioneer Credit Recovery, CBE Group, Performant or Conserve. A recent case addressed a collection letter sent by Pioneer to an alleged debtor. Pioneer brought a motion to dismiss the case.
The complaint alleged that on April 1, 2016, Pioneer sent a letter ("the Letter") to the plaintiff, Biber and others, which was captioned in bold, capitalized letters, "Administrative Wage Garnishment Proceedings Notice." It further said:
"This may be your last opportunity to make satisfactory payment arrangements on your student loan(s)";
"If these arrangements are not made, we will begin or continue the process of verifying your employment for Administrative Wage Garnishment";
"The United States Congress has enacted a law . . . that allows guarantors . . . to offset the wages of student loan defaulters without filing a lawsuit";
"[A] guaranty agency . . . may garnish the disposable pay of an individual to collect the amount owed by the individual, if he or she is not currently making required repayment . . . [T]he amount deducted for any pay period may not exceed 15 percent of disposable pay";
"This [statutory] provision [*3] overrides all applicable state law, and allows for the garnishment of student loan defaulter's wages";
"Before an administrative order is issued, defaulters are given notice and an opportunity for a hearing as part of this federal wage offset program";
"After the completion of this administrative offset process, your employer may be ordered to deduct 15% of your disposable income before you are paid. If your employer does not comply with this order, a lawsuit may be filed against your employer";
"Because the use of this federal wage offset law could reduce your take-home pay substantially, we are providing you with the chance to establish a satisfactory payment arrangement so you can voluntarily satisfy your obligation on more reasonable terms. We are hoping we can reach a satisfactory agreement before we proceed with further action.”
The Court ruled that Biber's claim that Pioneer "falsely represent[ed] that [defendant] was going to perform an Administrative Wage Garnishment" stated a claim upon which relief may be granted. The Court applied the "least sophisticated consumer" lens, the Letter plausibly comprised a materially false, deceptive, or misleading representation that could "reasonably be read to have to or more meanings, one of which is inaccurate." The Court further noted that Biber alleged sufficient facts to move his claim--that the Letter misrepresented that wage garnishment proceedings were imminent--from possible to plausible. Moreover, the complaint plausibly alleged that misrepresentation could have "affect[ed] [the] consumer's ability to make intelligent decisions with respect to the alleged debt."
If you have been contacted by a PCA like Pioneer Credit Recovery, regarding a SBA loan default, contact Protect Law Group today online or at 888-756-9969 for a FREE initial consultation.
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.
The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.
Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency. After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.
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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