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SBA Office of Hearings & Appeals Litigation

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SBA Office of Hearings and Appeals

As a leading law firm in the field of SBA and Treasury debt collection cases, Protect Law Group offers top-notch litigation and negotiation services before the SBA Office of Hearings and Appeals (OHA). Our SBA OHA attorneys are well-versed in the complex federal laws and regulations surrounding these matters and have extensive experience in representing clients throughout the United States. Whether you are located on the West Coast, Southwest, Mountain West, Midwest, Great Plains, East Coast, Northeast, Appalachia, the South, Alaska or Hawaii, authorized by the Agency Practice Act (5 U.S.C. § 500), our SBA OHA attorneys can represent your interests against the U.S. Small Business Administration and their team of Trial Attorneys from the Office of General Counsel. Contact us today if you need assistance challenging an SBA Program Decision before the SBA OHA.

We prosecute SBA Debt Collection cases involving SBA 7(a), 504, COVID (PPP, EIDL), and 7(b) Disaster loans. Our SBA OHA Attorneys can appeal certain SBA debt collection cases and property deprivation issues through litigation. Our SBA OHA Attorneys can evaluate the facts of your case, research legal issues, assess the prospects of resolution and, if applicable, prepare an Appeals Petition in response to proposed administrative offsets against federal benefits (such as Social Security Income or Disability), federal salary offsets, federal contractor pay, military salary, pension and annuity pay offsets. Be advised that an Appeals Petition is accepted at the sole discretion of the SBA OHA and the presiding United States Administrative Law Judge (ALJ).

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The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide a quasi-judicial appeal of eligible SBA Program Decisions. The SBA OHA has jurisdiction to conduct proceedings in the collection of debts owed to the SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and 13 C.F.R. Part 140.  The SBA OHA is on the Eighth Floor of SBA headquarters above the Federal Center SW Metro Stop. Their address is  409 Third Street, SW, Eighth Floor, Washington, DC 20416.

Aggressive collection of SBA debts has increased considerably in recent years. Understanding the SBA OHA appeals process requires experienced SBA OHA Appeal Attorneys who know and understand government contracts, federal regulations, including the nuances that may arise if the SBA tries to deprive your property without due process of law.  You have the right to challenge administrative offset, federal salary offset, military pay offset, military pension, or annuity offset due to an SBA loan default.  If you receive the SBA's Notice where federal salary offset, federal contractor offset or administrative offset is proposed, you have the opportunity to present evidence to OHA (13 C.F.R. §140.3(e)(1)). To have a hearing before OHA, you must request a hearing by filing an Appeals Petition within fifteen (15) days of receiving the Notice of Intent to Offset (13 C.F.R. §140.3(e)(1)). Therefore, time is of the essence and you will need to contact experienced legal counsel for assistance.

Understand that time deadlines must be met to pursue your right to file an Appeals Petition in response to an eligible Notice of Offset.  If you fail to act within the regulatory time frame from receipt of the Notice, you can damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA on jurisdictional grounds.  With several years of experience focusing on SBA debt collection cases, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues governing SBA rules, regulations and appeals.

Our SBA attorneys can help with the following:

  • Develop and implement proactive strategies to defend and potentially resolve your SBA debt collection matter
  • Apply legal authorities to help support your positions
  • Review the bases for filing an Appeals Petition with the SBA OHA
  • Investigate factual, procedural, and legal errors and how to prosecute or defend against them
  • Intervene in response to notices sent by or on behalf of the SBA regarding administrative offset, federal salary offset, federal contractor pay offset, military pay, pension or annuity offset
  • Present the necessary information to prosecute an SBA OHA Appeals Petition
  • Litigate your case before the ALJ assigned to your SBA OHA Appeals Petition if jurisdiction is granted and your case is accepted for Hearing

The Office of Hearings and Appeals (OHA) is an independent office of the Small Business Administration (SBA) established in 1983 to provide a quasi-judicial appeal of eligible SBA Program Decisions. The SBA OHA has jurisdiction to conduct proceedings in the collection of debts owed to the SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and 13 C.F.R. Part 140.  The SBA OHA is on the Eighth Floor of SBA headquarters above the Federal Center SW Metro Stop. Their address is  409 Third Street, SW, Eighth Floor, Washington, DC 20416.

Aggressive collection of SBA debts has increased considerably in recent years. Understanding the SBA OHA appeals process requires experienced SBA OHA Appeal Attorneys who know and understand government contracts, federal regulations, including the nuances that may arise if the SBA tries to deprive your property without due process of law.  You have the right to challenge administrative offset, federal salary offset, military pay offset, military pension, or annuity offset due to an SBA loan default.  If you receive the SBA's Notice where federal salary offset, federal contractor offset or administrative offset is proposed, you have the opportunity to present evidence to OHA (13 C.F.R. §140.3(e)(1)). To have a hearing before OHA, you must request a hearing by filing an Appeals Petition within fifteen (15) days of receiving the Notice of Intent to Offset (13 C.F.R. §140.3(e)(1)). Therefore, time is of the essence and you will need to contact experienced legal counsel for assistance.

Understand that time deadlines must be met to pursue your right to file an Appeals Petition in response to an eligible Notice of Offset.  If you fail to act within the regulatory time frame from receipt of the Notice, you can damage your opportunity of having your Appeals Petition accepted and heard by the SBA OHA on jurisdictional grounds.  With several years of experience focusing on SBA debt collection cases, our SBA OHA Appeal Attorneys can help SBA debtors navigate the maze of complex issues governing SBA rules, regulations and appeals.

Our SBA attorneys can help with the following:

  • Develop and implement proactive strategies to defend and potentially resolve your SBA debt collection matter
  • Apply legal authorities to help support your positions
  • Review the bases for filing an Appeals Petition with the SBA OHA
  • Investigate factual, procedural, and legal errors and how to prosecute or defend against them
  • Intervene in response to notices sent by or on behalf of the SBA regarding administrative offset, federal salary offset, federal contractor pay offset, military pay, pension or annuity offset
  • Present the necessary information to prosecute an SBA OHA Appeals Petition
  • Litigate your case before the ALJ assigned to your SBA OHA Appeals Petition if jurisdiction is granted and your case is accepted for Hearing

SBA Office of Hearings & Appeals Litigation
$300,000 SBA 7A LOAN - SBA OIC TERM SETTLEMENT

$300,000 SBA 7A LOAN - SBA OIC TERM SETTLEMENT

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.

$375,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

$375,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

The client personally guaranteed an SBA 504 loan balance of $375,000.  Debt had been cross-referred to the Treasury at the time we got involved with the case.  We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.

$505,000 SBA 7A LOAN - FEDERAL DISTRICT COURT LITIGATION (CALIFORNIA)

$505,000 SBA 7A LOAN - FEDERAL DISTRICT COURT LITIGATION (CALIFORNIA)

Clients borrowed and personally guaranteed an SBA 7(a) loan.  Clients defaulted on the SBA loan and were sued in federal district court for breach of contract.  The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan.  We were subsequently hired to intervene and aggressively defend the lawsuit.  After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.

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