OIG’s August 2025 audit reveals SBA failed to use key tools in collecting $47B in delinquent COVID‑19 EIDLs. Learn what it means for borrowers now.
Book a Consultation CallThe U.S. Small Business Administration’s Office of Inspector General (OIG) released Audit Report 25‑23in August 2025, scrutinizing SBA’s efforts to collect on delinquent COVID‑19 Economic Injury Disaster Loans (EIDLs). With over $47 billion charged off andless than 1% recovered, the report highlights serious deficiencies in SBA’s debt recovery processes. For small business borrowers, especially those still navigating loan obligations, the findings signal potential changes in enforcement and underscore the need for proactive legal strategy.
1. $47 Billion Charged Off with Minimal Recovery
As of December 2024, SBA had charged off 369,588 COVID‑19 EIDLs totaling over $47 billion—none of which involved confirmed or suspected fraud. Less than 1% of those loan amounts were recovered, primarily through borrower-initiated actions such as business closures, bankruptcy filings, or voluntary repayments.
2. Inadequate Use of Federal Collection Tools
The OIG found that SBA did not exhaust key debt collection remedies before referring delinquent loans tothe U.S. Department of the Treasury, as required by law. These missed actions included:
These omissions likely reduced recovery prospects and failed to safeguard taxpayer interests.
3. Short Liquidation Timeframes Undermined Collections
Audit data revealed that 88% of charged-off loans were in liquidation for an average of only 3 days—far shorter than the 67-day average for loans that yielded partial recovery. In some cases, SBA charged off loans the same day they entered liquidation,without any documentation of substantial recovery efforts beyond automated notices.
4. Security Interests in Bank Accounts Not Perfected
Although SBA filed blanket liens under UCC law, it did not perfect its interest in borrower bank accounts bysecuring control agreements with financial institutions. Without these agreements, SBA was unable to claim account balances upon default—a missed opportunity for significant recovery.
5. Minimal Reporting to Credit Bureaus
The OIG found that over 94% of delinquent borrowers were not reported to credit bureaus, undermining the effectiveness of federal lending safeguards. SBA’s reporting systems lacked verification controls, which left many delinquent loans unflagged in credit databases—potentially enabling defaulted borrowers to access new federal loans.
6. No DOJ Referrals for Litigation
Despite its authority to coordinate with DOJ on large delinquent debts, SBA did not refer any EIDL loans to the DOJ for litigation. Instead, the agency relied entirely on Treasury’s Cross‑Servicing Program—which, due to a 2024 policy change, returned these loans to SBA for servicing until March 2026.
In its August 2025 audit report, the Office of Inspector General (OIG) issued three key recommendations to improve the SBA’s collection of delinquent COVID-19 EIDLs. First, OIG urged SBA to conduct a study to determine when post-default site visits would be cost-effective, and to develop policies ensuring such visits are performed to identify and liquidate collateral. SBA disagreed, arguing that most collateral covered by its blanket liens held little recoverable value, that site visits would be resource-intensive, and that their cost would outweigh potential benefits. As such, this recommendation remains unresolved.
Second, OIG recommended that SBA verify all delinquent borrowers and guarantors are reported to credit bureaus in a timely manner. SBA agreed and committed to adding functionality in its ETRAN system to log and track credit bureau submissions, with an implementation target date of June 2026. This recommendation is considered resolved but pending final action.
Finally, OIG recommended SBA establish a reasonable standard for referring delinquent COVID-19 EIDLs to the Department of Justice (DOJ) for litigation. SBA rejected this proposal, maintaining that referrals to Treasury remain the most effective collection method. The agency emphasized that DOJ referrals are resource-intensive and less effective than Treasury’s administrative offset processes. SBA did, however, acknowledge that it would coordinate with DOJ in cases involving fraud. Because OIG had specifically excluded fraud cases from its review, this recommendation also remains unresolved.
Borrowers with delinquent COVID‑19EIDLs should be aware of several key takeaways:
The OIG’s audit paints a sobering picture of SBA’s limited recovery on delinquent COVID‑19 EIDLs—and a possible shift toward more assertive collection efforts in the future. Borrowers facing delinquency or navigating default should assess their legal exposure and consider their options now.
If your business is struggling with anSBA loan or facing collection actions, contact Protect Law Group today to schedule a confidential consultation with an attorney experienced in SBA debt resolution.
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.

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 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.