No. Unlike PPP loans, COVID-19 EIDL loans must be repaid. Some relief exists for borrowers who genuinely cannot pay, but there is no blanket forgiveness program. Be cautious of anyone promising "EIDL forgiveness."
It usually comes down to $200,000. Loans of $200,000 or less generally did not require a personal guarantee. Loans over $200,000 generally required one from owners with a 20% or greater stake. Your signed loan documents are the final word.
Treasury can collect without a court order: intercepting federal tax refunds, offsetting federal benefits including Social Security, administrative wage garnishment (commonly up to 15% of disposable income), credit reporting, and cross-defaulting other SBA loans.
The formal Hardship Accommodation Plan has ended. Borrowers may still apply for a temporary 50% payment reduction for six months. It does not reduce principal or pause interest, and can only be used once every five years.
Possibly, through an Offer in Compromise. A workable offer generally requires that the business has ceased operations and liquidated collateral, full financial disclosure on SBA Form 770, an offer reasonably related to what the SBA could recover, no fraud or misrepresentation, and a clearly identified source of funds.
Rarely. With very limited exceptions, a loan cannot be returned to the SBA once it reaches Treasury Cross-Servicing. However, before referring a loan, the SBA must certify the debt is valid and legally enforceable and send required notices, typically a 60-day demand letter. If those steps were missed, the referral may be worth challenging.
For most non-fraudulent borrowers, Treasury offset and administrative collection are the primary tools. Litigation is possible, particularly on larger or personally guaranteed loans, or where fraud is suspected.
Yes. SBA policy is to report delinquent COVID EIDLs to credit bureaus at charge-off, and a default can affect your ability to obtain future SBA financing.
Don’t sell or transfer business assets without SBA authorization, don’t ignore notices, don’t sign SBA Forms 1150 or 770 without review (they are sworn statements), and don’t pay upfront fees to anyone guaranteeing forgiveness.
Not always. We help you understand where your loan stands and what options are available first. Legal counsel is often worthwhile if your loan was over $200,000, you signed a personal guarantee, you are receiving Treasury notices, or you are weighing settlement versus bankruptcy. When that is the case, we connect you with experienced counsel.
