Last Updated on: 27th July 2023, 04:33 pm

Don’t Pay Thousands for SBA Debt Negotiations

It’s a common misconception that you need to pay an attorney hundreds of dollars per hour to negotiate your SBA debt. While it’s true that you want to be represented by a knowledgeable firm with experience dealing with the SBA, you don’t necessarily need a law firm.

Many borrowers believe that lawyers have the expertise to negotiate debt, but this isn’t always the case. In fact, we’ve heard from lawyers who admit that they’re not good with numbers and that’s why they got into law in the first place. You don’t want a lawyer who’s not financially savvy and lacks knowledge of the SBA process, as this could result in a hefty bill and no resolution to your debt.

Choosing the Right Firm for Your SBA Debt

The key to finding the right firm for your SBA debt is to choose one that:

1. Has extensive experience with the SBA and their Offer In Compromise process.
2. Charges a fair fee – anything over 10% of the amount they save you is too much.
3. Doesn’t require large upfront fees – the largest part of the fee should only be due if your debt is successfully settled.
4. Makes you feel comfortable. Don’t let anyone scare you into paying their fees. A good SBA settlement firm should be able to answer all your questions and provide a realistic idea of what you’re facing. If someone is giving you a “doom and gloom” scenario, question their motives – are they looking out for you or just making a sale?

When do I strongly suggest consulting with an attorney? Any time you’re asked to sign legal documents or if the bank has initiated legal action and you’re seeking advice on the suit.

SBA Repayment Plan Negotiations with an Attorney

If you’ve received the 60-Day Official Notice from the SBA, offering you the opportunity to petition for an administrative review of the debt, make an SBA offer in compromise, or enter into a repayment agreement, you may feel overwhelmed. Not only is your SBA debt back in the spotlight, but if you don’t respond to the 60-Day Official Notice within the stated time frame, your case will be referred to the Department of Treasury’s Bureau of Fiscal Service and you’ll be charged up to 30% of the original SBA debt balance in administrative fees and costs.

Based on your financial status, an SBA offer in compromise may not be an option. Some SBA debtors have too many liquid assets or a monthly income that’s too high for the SBA to consider an SBA offer in compromise.

If you don’t qualify for an SBA offer in compromise, one option is to negotiate a repayment agreement with the SBA. An SBA attorney can review your financial situation and negotiate a reasonable repayment agreement before your case is referred to Treasury’s Bureau of Fiscal Service.

Dealing with an SBA Loan Default

Facing the closure of your business and the seizure of its assets can be a devastating experience for entrepreneurs. But it’s not until they are reminded of their personal assets pledged to the SBA that they understand the full extent of the situation. The SolveDebt offers a range of options to help resolve your SBA loan default, including loan modification and SBA Offer in Compromise.

SBA Loan Modification

Running a business is not always a smooth journey, and it’s common for entrepreneurs to encounter difficulties making payments on their SBA loan. While lenders and the SBA are not eager to rewrite loan terms, a workout plan and loan modification proposal may be preferable to a bad loan. SolveDebt will work tirelessly to negotiate a solution with the SBA lender, but the process requires a strong commitment from the borrower and is not quick.

Available loan modifications for SBA Loans include:

• Temporary/permanent reduction of interest
• Deferment of payments and/or principal only
• Extension of maturity date to reduce payments
• Temporary reduction of payments
• Re-amortization of loan payments

The SBA’s policy on loan modifications can be found in the Standard Operation Procedure 50-50-4, Chapter 5, paragraphs 8(a), 15(a), 16(a), 17 as well as Chapter 7, Paragraphs 5(b) – 5(h). If you need help or have questions about SBA debt relief options, the Perliski Law Group is here to assist.

SBA Offer in Compromise

For most small business owners, the closure of their business and the liquidation of assets is only the beginning of the default process. The SBA guaranty may protect the lender, but it does nothing for the business owner or other guarantors on the SBA loan. Collection efforts can result in the loss of assets or wage garnishment by the U.S. Treasury. While bankruptcy is an option for dealing with an SBA loan default, it’s not the only one.