The Small Business Administration (SBA) has specific procedures for debt collection when a borrower defaults on an SBA loan.
When a borrower defaults on an SBA loan, the lender typically sends a notice of default. This notice informs the borrower that they have failed to meet the terms of the loan agreement. The lender usually provides a period for the borrower to cure the default, which may involve catching up on missed payments or restructuring the loan.
If the borrower is unable to cure the default, the lender may refer the loan to the SBA for further action. This is especially relevant for loans where the SBA has provided a guarantee. The SBA has various tools at its disposal for debt collection. This can include working out a payment plan with the borrower, offsetting tax refunds, garnishing wages, or taking legal action.
If the SBA cannot collect the debt, it may refer it to the U.S. Department of the Treasury. The Treasury has additional powers for debt collection, including the Treasury Offset Program (TOP), which can intercept federal payments like tax refunds to satisfy the debt.
In some cases, the SBA may initiate legal action against the borrower. This can involve filing a lawsuit for a judgment, allowing for methods like liens on property or bank levies.
SBA loan defaults are typically reported to credit bureaus, which can negatively affect the borrower’s credit score.
In some situations, the SBA may consider a settlement offer, where the borrower can settle the debt for less than the full amount owed. If a payment plan or settlement is arranged, the SBA monitors the borrower’s compliance with the terms.
About the Author
Gideon Alper is an attorney who specializes in asset protection planning. He graduated with honors from Emory University Law School and has been practicing law for almost 15 years.
Gideon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.
