Treasury Debt Settlement | Perliski Law Group (2024)

SBA debt transferred to Treasury Department?

In many cases clients find out all too late that a long forgotten SBA debt was transferred to the U.S. Treasury for collections. In some cases, the transfer to Treasury happens almost immediately, and without much warning, after an SBA offer in compromise is declined. In still other cases, if you have moved, a written notice may not reach you until years later.

Treasury Debt Settlement

If your loan has been referred to the U.S. Treasury for collection, this means the SBA is no longer involved with the collection of your loan balance.The Treasury Offset Program (TOP) is a centralized offset program, administered by the Bureau of the Fiscal Service’s Debt Management Services (DMS), to collect delinquent debts owed to federal agencies, including the Small Business Administration. If this sounds bad, it is.

TOP means businessand the extra-judicial collection tools available to the government include wage garnishment, tax refund offset, offset of federal retirement and military benefits, as well as social security payments. TOP can even seize your IRS tax refund before you ever see the check.

For some readers familiar withgarnishment law, you may be thinking that wage garnishment is illegal in your state. This is true, unless you are the federal government. The government only has to give you 30-days notice prior to initiating garnishment of your wages, at which point 15% of your disposable pay is at risk.

While there may be a statute of limitations on how long the SBA can wait before they sue, the U.S. Treasury can continue its collection actions against you until they are paid in full — even if that takes the rest of your life.

We provide the following legal services as part of our Treasury Settlement Package:

  1. Review your Case for Settlement though the Department of Treasury
  2. Review your original SBA loan documents
  3. Review current TOP collection actions, if any.
  4. Work with Treasury to suspend TOP collection actions
  5. Collect financial documentation, including a complete lists of assets and liabilities
  6. Notify the Treasury of your intent to Settle
  7. Negotiate with the Treasury Department
  8. Prepare and file a Settlement Package with the Treasury Department

What are my chances?

It is impossible to say and our firm cannotguarantee success. But, doing nothing at this late stage will result in theTreasury Department aggressively attempting to collect the debt.

TOP can garnish wages, seize IRS Refunds and even offset Social Security and Retirement benefits. In some cases, borrowers may feel forced to file bankruptcy. But, despite the harsh collection efforts, borrowers can and do regularly settle with the Treasury Department.

What can I do to help?

Apart from providing us your full cooperation and patience, if you are reading this and have not yet received your 60-day demand notice from the SBA, contact us at once before your file is transferred to the Treasury. This will save you collection fees added by TOP that can increase your loan balance by up to 30%!

Treasury Debt Settlement | Perliski Law Group (2024)

FAQs

Can you settle debt with the Department of Treasury? ›

In some cases, borrowers may feel forced to file bankruptcy. But, despite the harsh collection efforts, borrowers can and do regularly settle with the Treasury Department.

Is the NFCC legitimate? ›

Every NFCC member agency is accredited by the Council on Accreditation (COA) to ensure standards are maintained as a nonprofit financial counseling agency. COA is an independent, third party, nonprofit accrediting organization.

Does GreenPath hurt your credit? ›

GreenPath does not contact the credit bureaus when you enroll in a debt management program. However, because you will be closing lines of credit during the enrollment process, your score may dip. But over time, most people see their scores increase, because they are making payments in-full and on-time each month.

What is the best way to settle an IRS debt? ›

Offer in compromise

If it's determined that paying the full amount would create undue hardship, the IRS may accept a reduced sum as payment in full. This option is ideal for those facing significant financial hardship and that can prove their inability to pay the full debt.

What is the top Treasury offset program? ›

The Treasury Offset Program (TOP) collects past-due (delinquent) debts (for example, child support payments) that people owe to state and federal agencies. TOP matches people and businesses who owe delinquent debts with money that federal agencies are paying (for example, a tax refund).

What's the worst a debt collector can do? ›

Debt collectors are not permitted to try to publicly shame you into paying money that you may or may not owe. In fact, they're not even allowed to contact you by postcard. They cannot publish the names of people who owe money. They can't even discuss the matter with anyone other than you, your spouse, or your attorney.

Is debt settlement better than not paying? ›

Is It Better to Pay Off a Debt or Settle? Debt settlement is one of the last-resort options for people who cannot afford to pay their full debt. If you can afford to pay off a debt, it's generally a much better solution than settling because your credit score will improve, rather than decline.

How does NFCC make money? ›

Agencies are funded through a variety of sources including voluntary contributions from creditors who participate in our Debt Management Plans (DMP), local grants from private sources and foundations, and client fees and contributions.

Is debt consolidation a good idea? ›

Consolidating debt can be a good idea if you have good credit and can qualify for better terms than what you have now and you can afford the new monthly payments. However, you might think twice about it if your credit needs some work, your debt burden is small or your debt situation is dire.

Does debt consolidation hurt credit score? ›

Consolidating your debt can lower your monthly payments, but it can also cause a temporary dip in your credit score.

What is the best debt relief company? ›

National Debt Relief is the best overall debt settlement company, according to our research. National Debt Relief's low-cost fee structure and referral service make it a top option for people struggling with debts. Our highest-rated debt settlement companies all charge similar fees, ranging from 15% to 25% of the debt.

How long does it take to rebuild credit after debt settlement? ›

There is a high probability that you will be affected for a couple of months or even years after settling your debts. However, a debt settlement does not mean that your life needs to stop. You can begin rebuilding your credit score little by little. Your credit score will usually take between 6-24 months to improve.

What happens if you owe the Department of Treasury? ›

If you owe an overdue debt to a government agency, the agency sends information about your debt to our database. When you are going to get a federal payment, we search the database to see if you owe an overdue debt. If your debt is in the database, we hold back money from the payment to pay your debt.

Can the government pay off my debt? ›

While there are no government debt relief grants, there is free money to pay other bills, which should lead to paying off debt because it frees up funds. The biggest grant the government offers may be housing vouchers for those who qualify. The local housing authority pays the landlord directly.

How to pay debt to U.S. Treasury? ›

Questions? Call toll free at 1-888-826-3127 or TDD at 1-866-896-2947. How do I pay a nontax debt to the United States? If the Department of the Treasury contacted you about a delinquent nontax debt you owe to the U.S. Government, you can make a secure payment by debit card, PayPal, or by automatic debit here.

Can the Treasury buy back debt? ›

In 2024, the U.S. Treasury announced the launch of a regular debt buyback program. The buyback program will focus on two debt management objectives: liquidity support and cash management. As fiscal agent of the United States, the New York Fed conducts Treasury buyback operations when directed to do so by Treasury.

Top Articles
Latest Posts
Article information

Author: Prof. Nancy Dach

Last Updated:

Views: 6614

Rating: 4.7 / 5 (77 voted)

Reviews: 92% of readers found this page helpful

Author information

Name: Prof. Nancy Dach

Birthday: 1993-08-23

Address: 569 Waelchi Ports, South Blainebury, LA 11589

Phone: +9958996486049

Job: Sales Manager

Hobby: Web surfing, Scuba diving, Mountaineering, Writing, Sailing, Dance, Blacksmithing

Introduction: My name is Prof. Nancy Dach, I am a lively, joyous, courageous, lovely, tender, charming, open person who loves writing and wants to share my knowledge and understanding with you.