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If you've defaulted on an SBA guaranteed loan, you'll be hearing from one of four private collection agencies contracted by the Treasury.
Book a Consultation CallDebt is a complicated process, whether you're a small or large business or even an individual.
For operations making use of Small Business Association (SBA) loans, it's important to understand how your debt works.
It's easier than you might expect to fall behind on your payments
When that happens, you'll find yourself in the unfortunate position of having to deal with private collection agencies. The Department of Treasury contracts with four private collection agencies: Performant, CBE Group, Conserve and Pioneer.
In this article, we're putting these agencies under the microscope. From who they are, to where they're registered, to how to deal with them when they contact you.
Read on to learn everything you need to know, and more.
Being contacted by a debt collector can be an intimidating experience.
If you have defaulted on your SBA guaranteed loan, the SBA will refer the debt to the Department of Treasury. The Department of Treasury will then refer the debt to a private collection agency to aid with the collection process.
When you're in this situation, you have a lot of questions. Unfortunately, private collection agencies (or PCAs) aren't always forthcoming with their information.
Perhaps you haven't even been contacted by a PCA yet.
Maybe you're just aware of your small business loan and the payments you've defaulted on. If you're in this position, now is the perfect time to start researching the process, so you'll be prepared when they do reach out.
Whatever your reasons for looking into the process, the first step is to become more informed.
Private collection agencies are private sector companies who collect on delinquent debts.
The Treasury will contact them after they've tried to coordinate the payments internally and come up short.
They do their job in different ways.
In some cases, PCAs will make contact with small business debtors from information on various databases. They'll make phone calls, send collection letters, and use other means to make it clear they are trying to get in contact.
Depending on how long it takes to track down the debtor, PCAs will eventually request that the remainder of the debt is paid.
Depending on what arrangement they have with the Treasury, and the nature of your debt, the PCA might suggest one of a few payment options
As with any agency dealing with your money, it's important to know who your PCA reports to.
Depending on the state you live or work in, private collection agencies will be governed by relevant local and federal laws.
These include:
The Bureau of Fiscal Service has specific Task Orders for PCAs that enforce various controls and they work to promote fair treatment and accountability.
From there, Debt Management Services (DMS) monitor PCAs in their various daily activities.
Complaints directed at specific private collection agencies are sent to the DMS for review.
Once considered, further documentation will be gathered, and, if necessary, steps will be taken to correct the situation.
The question on many people's minds when they are contacted by a PCA is: "What are my rights?"
Let's take a look.
Legally, PCAs are not allowed to:
Having to deal with a debt collector is difficult and stressful enough. Make sure you know your rights when they call.
PCAs are brought in to help facilitate the debt process. Their job is to inform you of how much money you owe, how you can pay it, and what the consequences are if you let it go delinquent.
Looking at them in this light helps to dilute the fear somewhat.
That said, defaulting on a debt isn't something most people have on their "bucket" list.
That's what makes receiving that dreaded phone call from a debt collector so terrifying.
Whatever your reasons for falling behind, private collection agencies have to handle your case according to the rules.
There's a framework they have to adhere to, and now that you know what that is, you are in a much better position to handle that unexpected call or letter.
Do not be afraid.
Ask questions. Find out what kind of payment plans are available.
And, above all else, make sure you assert your rights.
Are you struggling with your small business debt? You don't have to.
Reach out and talk to us today and let's start putting your debt to rest.
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 personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’s ureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.
Clients personally guaranteed SBA 7(a) loan balance of over $300,000. Clients also pledged their homes as additional collateral. SBA OIC accepted $87,000 with the full lien release against the home.
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.
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