EIDL Collections Guide

What Really Happens When You Can't Pay

The SBA promised emergency relief. Many businesses got a ticking time bomb instead. Here's the complete guide to EIDL collections, defaults, and your options when the bill comes due.

⚠ Important Disclaimer

This guide is for informational purposes only and is not legal or financial advice. Every situation is different. Consult with a qualified attorney or financial advisor before making decisions about your EIDL loan. The SBA's rules and enforcement can change, so verify current policies directly with the SBA.

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What's In This Guide

The EIDL Debt Crisis

Between 2020 and 2021, the SBA disbursed nearly $400 billion in EIDL loans to small businesses and sole proprietors. These loans were supposed to be a lifeline during an unprecedented crisis. For many borrowers, they've become an anchor.

Now the 30-year repayment period has begun, and many borrowers are discovering several harsh realities:

This guide breaks down exactly what happens when you can't pay your EIDL, what powers the SBA actually has, and what options you have.

The Collections Timeline

Understanding when and how collections happens helps you prepare and take action at the right time.

Day 1-30: Missed Payment

Your first missed payment triggers a grace period. The SBA may not contact you immediately. Interest continues to accrue. At this stage, you can usually just make the payment and move on.

Day 31-60: Late Notices Begin

You'll start receiving late notices via email and mail. The loan is now considered delinquent. Call volume to SBA increases dramatically but you can still resolve this relatively easily.

Day 61-90: Acceleration Warning

The SBA may send an acceleration notice threatening to demand the full loan balance. This is your critical window to request hardship options or make payment arrangements.

Day 90+: Default Status

The loan is officially in default. The SBA can now accelerate the entire balance and begin collection procedures. The debt may be transferred to Treasury for collection.

120+ Days: Treasury Referral

Debts over $25,000 are typically referred to the Treasury Department's Bureau of Fiscal Service. Once Treasury has the debt, they can use offset and other federal collection tools.

Ongoing: Active Collections

Treasury offset begins. Tax refunds are seized. Administrative wage garnishment may start. Credit reporting occurs. Penalties and interest continue accruing.

Key Insight

The best time to act is before your loan goes to Treasury. Once it's referred, your options become more limited and the process becomes more bureaucratic. If you're struggling, contact the SBA sooner rather than later.

Treasury Offset Program (TOP)

The Treasury Offset Program is the federal government's most powerful collection tool, and it's what makes federal debt different from any other type of debt.

What Can Be Offset

Payment Type Can Be Offset? Limits
Federal Tax Refunds Yes - 100% Entire refund can be taken
State Tax Refunds Yes - 100% Entire refund can be taken
Social Security (Retirement) Yes - Partial Up to 15%, must leave $750/month
Social Security Disability (SSDI) Yes - Partial Up to 15%, must leave $750/month
SSI (Supplemental Security Income) No Protected from offset
Federal Salary Yes Up to 15% of disposable pay
Federal Retirement (OPM) Yes - Partial Varies by program
Vendor/Contractor Payments Yes - 100% Federal contract payments seized

How Offset Works

Unlike a lawsuit where you go to court, Treasury offset is automatic. Once your debt is in the system:

  1. Every federal payment you're owed is checked against the debt database
  2. If there's a match, the payment is reduced or eliminated
  3. You receive a notice explaining the offset (often after the fact)
  4. The seized amount is applied to your EIDL debt

The Tax Refund Trap

Many borrowers adjust their withholding to get larger refunds, not realizing they're essentially giving free money to the Treasury. If you're in offset status, consider adjusting your W-4 to reduce your refund to near zero. You'll keep more of your money throughout the year.

Challenging an Offset

You can request a review of an offset, but grounds are limited:

Administrative Wage Garnishment

Unlike private creditors who must sue you and get a court order, the federal government can garnish your wages administratively. This is called Administrative Wage Garnishment (AWG).

How Much Can Be Garnished

Federal law limits garnishment to the lesser of:

For 2026, with minimum wage at $7.25/hour, that means the first $217.50/week is protected from garnishment.

Your Rights Before Garnishment

Before starting garnishment, the government must:

  1. Send you written notice of the debt and intent to garnish
  2. Give you an opportunity to review the debt records
  3. Allow you to request a hearing within 15 days
  4. Consider hardship claims

Request a Hearing

If you receive a garnishment notice, you have 15 business days to request a hearing. Grounds for a hearing include:

  • The debt amount is incorrect
  • You've already established a payment plan
  • Garnishment would cause extreme financial hardship
  • The debt has been paid or discharged

Hardship Programs

The SBA does have hardship options, though they don't advertise them well and getting approved requires persistence.

Payment Deferment

You may be able to defer payments for up to 6 months at a time if you can demonstrate temporary hardship. Interest continues to accrue during deferment.

+ Provides breathing room

+ Keeps loan out of default

- Interest keeps accruing

- Not a long-term solution

Reduced Payment Plan

In some cases, the SBA may agree to temporarily reduced payments based on your ability to pay. This requires documenting your financial situation.

+ Lower monthly burden

+ Shows good faith effort

- Extends loan term

- Hard to get approved

Hardship Discharge (Rare)

In extreme cases of permanent disability or other circumstances making repayment impossible, the SBA may consider discharge. This is extremely rare and requires extensive documentation.

+ Could eliminate debt

- Very rarely granted

- Extensive documentation required

- May have tax consequences

How to Apply for Hardship

  1. Gather documentation: Tax returns, bank statements, proof of income, medical records if applicable, business financials
  2. Write a hardship letter: Explain your situation clearly and specifically
  3. Contact SBA: Call and request hardship review (be prepared for long holds)
  4. Follow up in writing: Send everything certified mail with tracking
  5. Document everything: Keep records of every call and letter

Use our FOIA Request Generator and Letter Templates to help with this process.

Offer in Compromise (OIC)

An Offer in Compromise is a settlement where you pay less than the full amount owed. For SBA debt, this is handled differently than IRS offers in compromise.

When OIC May Work

What to Expect

OIC for EIDL loans is not common and the SBA hasn't published clear guidelines. However, some general principles apply:

Tax Consequences

If the SBA forgives a portion of your debt through OIC, the forgiven amount may be considered taxable income. You could receive a 1099-C for the canceled debt. Consult a tax professional before accepting any settlement.

Bankruptcy Options

Bankruptcy is a last resort, but for some borrowers, it may be the only path forward. EIDL loans present unique bankruptcy challenges.

Chapter 7 (Liquidation)

Chapter 7 typically discharges most unsecured debt. However, EIDL loans with a personal guarantee may be more complicated:

The personal guarantee means you're personally liable even if your business closes.

Chapter 13 (Repayment Plan)

Chapter 13 allows you to reorganize debts and pay over 3-5 years. Benefits include:

Can EIDL Be Discharged?

Unlike some government debts (student loans, most taxes), SBA loans are generally dischargeable in bankruptcy. However, any collateral or liens must still be dealt with. Consult a bankruptcy attorney to understand your specific situation.

State Exemptions

What assets you can protect in bankruptcy varies dramatically by state:

Protecting Yourself

Document Everything

Adjust Your Finances

Know When to Get Help

Consider consulting professionals when:

Congressional Intervention

When all else fails, contacting your Congressional representatives can sometimes help. They have constituent services staff who can make inquiries on your behalf. This won't change the law, but it can sometimes get a stuck case moving. Use our Congressional Letter Template to get started.

Real Borrower Experiences

Understanding what others have faced can help you prepare and know you're not alone.

Common themes we see:

Need Help With Your EIDL Situation?

Use our free tools to generate FOIA requests, calculate your debt, and access letter templates.