Can you stop an administrative wage garnishment once it starts?
Yes, you may stop an administrative wage garnishment once it starts. If you did not have a hearing, have new evidence or changed finances it may stop.
SBA Help for Coronavirus Outbreak: SBA Programs Available for Small Businesses as Domino Effect Begins to Unfold within the Next 4-8 Weeks
Unfortunately, the Coronavirus (aka COVID-19) has breached our borders so prevention is no longer a viable remedy. Travel blockades and restrictions will not be effective. Now that the virus is in the U.S., the primary objective is to contain “community spread.”
There are options available to try to stem the tide and deter “community spread.” The 4 major options are discussed in an interesting Washington Post article, which can be accessed here: https://www.washingtonpost.com/graphics/2020/world/corona-simulator/?utm_source=pocket-newtab
Whatever measures are implemented, it should be noted that this public health crisis will impact our economy – definitely in the short term (hopefully, not in the long term) – as containment of “community spread’ is the only viable response at this point – especially since we will not be able to conjure up an anti-viral drug or vaccine within the next 2 months to either cure or prevent the disease. The objective is to prevent a systemic failure to our health care system, which occurred in Italy where arguably unethical decisions were made for triage purposes to care for those individuals with a better survival rate than those who’s odds are worse. This translates into discriminatory health care – a selection process that does not bode well for the elderly (age discrimination) and for minorities (race-based due to preconceived notions of underlying health conditions).
So, what is the federal government’s plan for small businesses currently or about to be affected by measures implemented to date to stem “community spread’ from the Coronavirus Outbreak?
As of March 12, 2020, President Trump proposed the following ideas:
For current small business affected by federal, state and local restrictions with SBA 504, 7(a) or Micro Loans, deferment or forbearance options may be one of your options. Information relating to deferment options are available in the following links:
SBA Information Notice 5000-20004
President Trump announced Friday, March 13, 2020, the Small Business Administration is "stacked" with money to help small businesses during the Coronavirus outbreak. See https://youtu.be/he83H_yI7RA. A national emergency has been declared, freeing up additional federal funding.
President Trump announced earlier this week his intent to help the U.S. economy during the Coronavirus outbreak by increasing SBA funding by an unprecedented $50 billion.
More information will be released as the rules are published.
On March 13, 2020, the Coronavirus Preparedness and Response Supplemental Appropriations Act (H.R. 6074) was signed by the President and became law. The legislation provides $8.3 billion in new funding to support public health services and businesses negatively impacted by the COVID-19 outbreak. In addition to providing public health agencies with $950 million, the new appropriations are estimated to allow the SBA to provide $7 billion in loans to small businesses.
"For many American small businesses, the outbreak of coronavirus means fewer customers, gaps in supply chains, and workforce reductions," says House Small Business Committee Chairwoman, Nydia M. Velázquez. "That is why [...] the House acted to open critical economic injury loans to small businesses dealing with the consequences of the coronavirus outbreak. These low-interest loans will inject much-needed capital into Main Street businesses as they recover from the hardship of operating during a public health crisis."
"I'm grateful that this bill includes a provision [...] to deal with some of the economic impacts of this." U.S. Representative Derek Kilmer said in a press release last week. "I've already heard some export-dependent manufacturers have been negatively impacted by this situation. It's important for the federal government to have the backs of our small businesses by providing this assistance."
Review the following sources here:
H.R. 6074
The House Committee on Small Business - Press Release
SBA Disaster Loan Program
The SBA website has not yet been updated with specific information about the loans and lending plans available for coronavirus-related small business recoveries. However, it is likely that the SBA will offer the low-interest loans as part of its established Small Business Disaster Loan program.
If you are facing inevitable issues and problems with your SBA loan either with your SBA 7(A) lender, your Certified Development Corporation (CDC) regarding your SBA 504 loan or Disaster Loan (i.e., EIDL, Home or Business Disaster Loan), contact us today for a case evaluation with an experienced SBA attorney at 1-888-756-9969
We can analyze your SBA challenges, issues and problems stemming from the Coronavirus health scare and advise you on a range of potential solutions in light of the current legislation, federal rules and regulations.
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 an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.
We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.
Clients executed several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate and collect all pledged collateral pursuant to the trust deed instruments.
The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.
After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.
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.
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