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SBA Loan Default – The 60 Day Letter

You should not have to struggle to settle your SBA debt on your own. Instead, turn to one of our attorneys who specializes in SBA OIC claims. We are dedicated to helping you settle your SBA loan default.

If you are in default on your SBA loan, you will get what is termed a “60 day letter”.  The following information should be included in a Federal agency’s written communication with a debtor at least 60-days prior to referring a delinquent debt to the U.S. Department of the Treasury’s Financial Management Service for debt collection (cross-servicing).  The information may be included in one letter or a series of letters.  The letter should include the following:

  • Nature and amount of the debt, including the basis for the debt.
  • Explanation of how interest, penalties, and administrative costs are added to the debt.
  • Date by which payment should be made to avoid late charges and enforced collection (generally, 30 days from the date the demand letter is mailed).
  • Name, address, and phone number of a contact person or office within the creditor agency.

Explain the agency’s intent to enforce collection if debtor fails to pay by taking one or more of the following actions:

  • Offset the debtor’s Federal payments, including income tax refunds, salary, certain benefit payments (such as Social Security), retirement, vendor, and travel reimbursements and advances.
  • Refer the debt to a private collection agency.
  • Report the debt to a credit bureau.
  • Garnish the debtor’s wages through administrative wage garnishment (no court order required).
  • Refer the debt to the Department of Justice for litigation (comply with Executive Order 12988).
  • Refer the debt to the U.S. Department of the Treasury for any of the above-described collection actions (advise debtor that agencies are required to refer when debt is 180 days delinquent).

Explain how debtor exercises the opportunity to:

  • Inspect and copy agency’s records related to the debt.
  • Request a review of agency’s determination of the debt.
  • If applicable, request a waiver.
  • For purposes of salary offset or administrative wage garnishment, request a hearing.Enter into a reasonable written repayment agreement.

Advise the debtor of the following:

  • Notify agency if bankruptcy filed.
  • Penalties for knowingly making false or frivolous statements.
  • Excess collections will be refunded to the debtor, unless prohibited by law.
  • For Federal salary offset, up to 15% of current net disposable pay may be deducted every pay period until the debt is paid.
  • For joint income tax filers, spouse should file Form 8379 with the IRS to claim his/her share of tax refund.

 

The failure to include the above information may violate your rights and provide a basis for relief.  If you are struggling with circumstances that involve SBA loan default, you deserve professional aid! Our attorneys all know how to win SBA OIC cases.  Contact us and we will help you settle SBA debt once and for all.  After you schedule an appointment, you will consult with a devoted SBA OIC lawyer who will help you through your legal battle.  After your debt problem is resolved, you will never again have to worry about your SBA loan default problem haunting you.  Our team of lawyers has assisted many clients through the years settle SBA debt, stop administrative wage garnishment and tax offset.  Now it is your turn! You truly can settle SBA debt for good!

We are here to help you with your SBA loan problems.

Call our experienced attorneys at (888) 303-6975 anytime for a Free Case Evaluation