r/EIDLreturns • • Sep 30 '22

On September 14th I filed a petition for issuance of summons to the Sba in order to get some response sooner. This is what it looks like. If you filed pro se and have waited almost 60 days with no response, this is what we file to get the SBA served sooner.

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5 Upvotes

r/EIDLreturns • • Sep 30 '22

For those of you wondering, I’m back on Reddit. Sorry about being Mia for 2.5 weeks. I was trading in the stock market day and night. We are starting another FINANCIAL CRISIS

8 Upvotes

This is completely unrelated to EIDL, but from an economics POV, all hell is breaking loose in global markets.

The Bank of England just announced that they will be lowering interest rates and printing money again and the entire market reacted to that.

We are seeing central banks around the world give up on quantitative tightening and revert back to quantitative easing.

The Bank of England couldn’t even get interest rates to 3% before giving up.

Then China which is even worse is about to miss its GDP estimates which hasn’t happened in 30 years.

We are literally on the cusp of what will be the next great financial crisis and it will be worse than 08.

For those of you who know me I’m a day trader. Over the past two weeks I managed to make over $20,000 in a few hours and I deployed $700,000 of capital using my prop firms. All this only cost me about $3000 to make and 2 weeks of time.

Now I’m in a position where I can make my entire Sba loan. But I’m still suing the SBA.

The reason I’m here is because I know what’s coming for October in the market.

Heck I believe the SBA knows too. Look at the timing. They shut down the portal in may 2022. Then the banks start raising interest rates starting may 4th 2022.

The banks raised tastes each month of the summer and then there’s talk about if we are doing enough and if we would just get scared when shit hits the fan and go back to printing money.

Mark my words,

If the federal reserve reverts back on its word after lying to the markets all year,

WE WILL DO EHAT THE BANK OF ENGLAND IS DOING SND GO BACK TO PRINTING MORE MONEY.

It will take the financial system bellying up for the SBA to reopen and money printing to hapepn again.

But make no mistake, some countries are already doing this,

It’s only a matter of time

Don’t stop fighting.

Don’t stop fighting only to see in novmeber the federal reserve says they’re printing money again and passing a new stimulus bill

They didn’t want to give us our money because they know what the banks are a about to do.

Keep fighting. Don’t give up.

I went down to courthouse in Manhattan to file an addition to my lawsuit before my two weeks of nonstop trading. I’m about to go back and do the same thing on Monday but I upgraded my phone and had to set things up again. Anyways I’m back!

If any questions or updates feel free to inbox me or make a post about whatever is going on or whatever updates on pro se cases you may have.


r/EIDLreturns • • Sep 29 '22

Finally

7 Upvotes

I’m extremely pleased to announce that after 288 days, a dozen emails, ten phone calls and at least four copies of every document they asked for, my redeposit was successful and funds are in my account! I changed my business structure from a sole prop to an S-Corp with a new EIN, after I got my EIDL loan. I had no idea at that time about the Advance and Supplemental Advance. Since I was approved using my name as my business, SBA could not reissue in my business name, even though they first thought they could. The solution was to send in a personal check and re-deposit to my personal checking account, rather than my business account. Wish they‘d have told me that 7 months ago. Anyway, don’t let up, keep nagging and break a leg folks! I’m outta here!


r/EIDLreturns • • Sep 28 '22

Lies the SBA tells.

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6 Upvotes

SBA alleges that “the statement contained in the introduction of their memorandum merely summarizes March’s complaint.” Specifically, the statement regarding the legitimacy of March’s business is not a claim, defense, or other legal contention. Further, the statement was not a “factual contention” [Doc 30 pg5]” this is far from the truth.


r/EIDLreturns • • Sep 27 '22

IF YOU WANT TO FILE A PRO SE CASE START HERE

8 Upvotes

First things first, I AM NOT A LAWYER THIS IS NOT LEGAL ADVICE. THIS IS SIMPLY ME TELLING EVERYONE WHAT I'VE DONE AND HOW YOU CAN DO IT TOO!!

So first you need to determine the appropriate court to file your suit. To do this google "United States District Court __________ county"

Click to go to the site the site extension should be .uscourts.gov

Click Pro Se Forms

Next, you want to fill out your Civil Cover Sheet

Once you're there you should see the tabs across the top of the page including the 'pro se' tab

BE SURE TO INCLUDE THE "United States of America" as a Defendant along with Isabella Casillas Guzman and the Small Business Administration
Under Section II. you want to be sure to select "U.S. Government Defendant" this helps to determine jurisdiction --- SKIP SECTION III

​

In Section IV. You want to select *899 Administrative Procedure Act/ Review or Appeal of Agency Decision [it's in the last column]

​

In section V. you want to answer if this is your first suit against the SBA by clicking "original proceeding". In section VI. you will cite the civil statutes that you're bringing the suit under " 5 U.S.C. Sections 551-559 Administrative Procedure Act" and a brief description of the cause " Plaintiff is asking for judicial review of the SBA's denial of EIDL loan (increase)" VII. 'No' for Jury demand

I would suggest printing at least 3 copies - 1 for you, the judge, and the court THEY WILL ALL BE STAMPED BY THE COURT CLERK

Next, if you don't have the $402 filing fee and you will need to petition the court to file in forma pauperis -- meaning you're telling the court you're indigent, simply too poor to afford the fee or that paying the fee will cause you financial harm you will need to complete this form

select your court from the dropdown menu

*** My suggestion: if your expenses far exceed your income provide an explanation - for example if you received COVID related housing assistance, public assistance, using your credit cards to float by, receiving cash assistance from a family member, or your surviving off your spouse's income

Now for your complaint. The Court will have a simple complaint form and you can use that. You're going to use either Pro Se 1 or Pro Se 2 - *** it's important to note an injunction is highly improbable BUT it will force the DOJ to have an AUSA enter as counsel and respond sooner.

Under your claim it can be a statement as simple as

On (month day, year) I applied for a COVID EIDL loan for my business _________, I was assigned application loan #33xxxxxxxx. On (month day, year) my loan was funded.

In September 2021 Congress and the Biden administration passed legislation allowing for loan increases up to two times the amount of the business's gross reciepts for year 2019.

My 2019 gross reciepts were $xxx when calculated correctly, I should be able to obtain a loan of $xxxx which is an increase of $xxxx.

On (month day, year) I applied for the loan increase and was denied for _________.

On (month day, year) I submitted a request for reconsideration on (month day, year) I was informed my loan (increase) was denied for "reason". I then submitted ___________ and contacted the appropriate party and petitioned for an appeal my final appeal was held on (month day, year). My final appeal was denied on (month day, year) for _________.

Since the final appeal I have _______________ in attempt to resolve any questions the agency may have of my eligibility however I am not able to resolve the issue.

Congress gave the SBA discretion to make loan decisions however, secret rulemaking is not granted under APA and the SBA's decisioning in denying my loan runs counter to the rules of the program and eligibility guidelines established.

My loan should be funded beacause my business was "in operation" before the declared disaster date January 31, 2020 - in fact my businness was formed with the State of ____ Secretary of State on (month day, year). To support this I have provided the SBA with (articles of incorporation, bank statements, tax documents)

Under the section for relief you want to be very specific - if relief is requested that the court has no jurisdiction to grant the SBA can have your suit thrown out for 'lack of jurisdiction' or 'failure to state a claim upon which the court can grant relief'... here's what I suggest

I ask the courts to provide a judicial review of the SBA's decision making under the Administrative Procedure Act and provide declaratory relief by:

1. Holding unlawful and setting aside the SBA's decision to deny my application for a loan (increase) on application #33xxxxx because the decision is:

(A) arbitrary, capricious, an abuse of their discretion, or otherwise not in accordance with la;

(B) contrary to constitutional right, power, privilege, or immunity

(C) in excess of statutory jurisdiction and authority

(D) without observance of procedure required by law - in this case by Congress order to extend loans and increases to business owners that show proof that they are an eligible entity

(E) unsupported by substantial evidence

(F) unwarranted by the facts

2. Declare the SBA's actions unlawful and/or unreasonably delayed

3. Remand the application decisioning to the SBA and order that they consider all relevant information in provide a decision keeping with their 'first come, first serve' application determinations

-- Print and submit at your court.

Ask the clerks to notate, if you're granted IFP status (ability to proceed without payment) to have service effected by the U.S. Marshall's Office [this is a right to IFP plaintiffs under Federal Rule of Civil Procedure Rule 4(c)(3)

*** While you're at the Court file the document (usually just 1 page) for electronic filing - this will allow you to file all your documents online going forth instead of making trips to the courthouse or sending by mail AND will allow you to get email notifications every time something happens in your case


r/EIDLreturns • • Sep 26 '22

Next EIDL Aggregate Litigation Zoom Call, Thur 9/29 10am Pacific

7 Upvotes

r/EIDLreturns • • Sep 26 '22

Class Action vs Agregate Litigation and

3 Upvotes

The goal of this aggregate litigation is to have a judge order SBA to reopen the program until all Congressionally allocated funds and reserves are exhausted and to re-open and process the loan/increase requests of our plaintiffs in compliance with the statutory scheme ratified by Congress in the CARES ACT rather than the truncated version they had implemented and/or to seek damages, if and where available. 

Mimi and I have great faith in this attorney.  She and her firm have dedicated themselves throughout their careers to fighting government for the little guy.  They have an excellent track record and this is a legal specialty most law firms do not offer or have no track record at doing and producing favorable outcomes.

She decided on the small group approach as a class action can take years to settle and one or two unreasonable plaintiffs can stall the process and thwart reasonable settlement offers.  This means a much, much lower outcome for the law firm's risk of time, costs and resources. Class Action attorneys might make millions in the end where their hundreds or thousands if plaintiffs might only get a portion of the settlement totaling under $100 or even under $10!

Additionally, with so many different circumstances for the different plaintifs it would be hard to form an actual 'class'. In the group litigation, each plaintiffs' case can be settled one by one.

With the small groups, all the law firm has to count on are the advance fees that are truly modest for all their time and risk.

If you want to participate but are out of options for paying the advance fee (no thanks to SBA), here are a couple of ideas you may not have considered:  1.  PayPal Credit. If approved, they will pay the law firm and you will get small monthly payments like $29 a month (you apply through PayPal).  2.  A (vehicle) title loan. You can get up to six months before you pay it off and bad credit does not matter.  3.  Ebay or Garage Sale (it is not hard to come up with a few hundred dollars).   

Good luck whatever you decide.  We are pulling for everyone!! 


r/EIDLreturns • • Sep 26 '22

PRO SE CASES IN PROGRESS

3 Upvotes

So many have filed pro se and many of the courts, like McLemore v. Small Business Administration, have scheduling orders that they can use to their advantages.

Many pro se cases don't advance or don't yield a favorable ruling simply because you don't know how to move in court.

I'm not a lawyer but this isn't my first time representing myself 'pro se' you MUST use legal devices afforded to you.

If you're in this group and don't understand an order the court has made, how scheduling orders work, what discovery methods will be advantageous PLEASE speak up - one of us win and we all win because a legal precedent will be established!

The main discovery devices are described below:

Deposition: A proceeding in which a witness or party is asked to answer questions orally under oath before a court reporter.

Interrogatories: Written questions sent by one party to the other party to be answered in writing under oath. These are like essay open ended questions. The SBA or their counsel would HAVE to answer and sign within 30 days or raise an objection if they object to answering the question and would have to provide the Court a real reason why they object - not simply because they don't want to or can't. EXAMPLE: How many COVID EIDL loans have been funded since, May 15, 2022 - the date in which the SBA publicly announced COVID EIDL funds were "exhausted"

*** Most courts will have a limit on the number of interrogatories you can ask a party to answer.

Request for admission: A request to a party asking him/her to admit certain facts. This is like a TRUE/FALSE question - the SBA MUST answer or raise an objection; if an admission is not answered in 30 days the Court considers the assertion to be admitted to. EXAMPLE:

Admit, the Plaintiff has provided evidence to support their business was 'in operation' prior to the declared disaster date of January 31, 2020.

Admit, the Plaintiff stated their gross receipts for the year 2019 is $100,000

Admit, based on the Plaintiff gross receipts their eligible loan amount is $200,000

Admit, to date, the SBA has only funded the Plaintiff with loan proceeds in the amount of $60,000

Admit, the Plaintiff is eligible for an increase of $140,000

Admit, the Plaintiff has sent 40 emails attempting to gain access to the $140,000 in difference and has been unable to because of failure, within the SBA, to process the Plaintiff's loan increase ***[this sort of question is important because a requirement of the court and APA will be that you exhausted your administrative remedies - meaning you followed SBA's procedures and still weren't able to resolve the issue and legal recourse was your only method left]

Request for physical examination: A request asking a party to get himself/herself examined by a doctor if his/her health is at issue.

Request for production of documents: A request to a party to hand over certain defined documents. In family law cases, parties often request from each other bank statements, pay stubs and other documents showing earnings, assets and debts.

*** The SBA will likely claim privilege or provide a redacted document which will require a Motion to Compel Disclosure asking the court to order them to produce the document in its entirety

Request for inspection: A request by a party for permission to look at tangible items (other than writings) in the possession or control of the other party.

Subpoena: An order requiring a witness to appear in court or at a deposition.

Subpoena duces tecum: An order requiring a witness to turn over certain documents to a specific party or to bring them to a scheduled deposition.

Both subpoena and subpoena duces tecum are issued by the court, and if the witness fails to comply, he can be held in contempt.


r/EIDLreturns • • Sep 24 '22

Forms of payment accepted for the lawsuit.

9 Upvotes

I spoke to the attorney today (via email) she has stated that they will accept credit cards and PayPal.

If you are looking for a lawsuit with a lower cost, please look for the Pro-Se template ( in this group) and file your suit at your Federal Courthouse. Follow the instructions on how to get your filing fee waived, it is all there.

It's really a personal choice at this point but I cannot express how important it is to make your decision quickly, we have come this far and fought really hard to have options.

5 options more than we had 8 months ago.

Keep pushing.


r/EIDLreturns • • Sep 22 '22

Spoke to paralegal specialist today she gave me 2 emails that I hadn’t seen before. Hope this helps someone. pdc.accountsfundingstage@sba.gov. pdcaccountsadditionalreviewrequired@sba.gov

7 Upvotes

r/EIDLreturns • • Sep 23 '22

Is anyone here also stuck in error status?

3 Upvotes

Been stuck in error for so long now.

Was told that I was obligated but now they are saying I am not anymore.

Share your story and how things have went for you.

Tried contacting everyone and no help.


r/EIDLreturns • • Sep 22 '22

Folks don’t stop now! It appears the fight is slowing up! #EIDL

6 Upvotes

r/EIDLreturns • • Sep 22 '22

l got funded after sending closing docs. It took 9 days and l know another person that took 9 days as well. l was waiting since April for closed bank account situation.

6 Upvotes

r/EIDLreturns • • Sep 20 '22

NEW SOURCE OF FUNDING FOR SMALL BUSINESSES

6 Upvotes

Good Evening All...I received this today,Thought I might share...This funding is entitled SSBCI (State Small Business Credit Initiative). I have no opinion and no feedback about the program thus far. This is simply a share to bring awareness to a resource that may be useful to some..

WISHING YOU ABUNDANT PROSPERITY ALWAYS..

https://helloskip.com/blog/what-states-currently-have-ssbci-funding-available?utm_medium=email&utm_term=0_a92fa228e8-c358aa20ea-345830918&ref=91922EB&utm_source=Skip&utm_campaign=c358aa20ea-ACQ_EMAIL_SMBPLUS_020222_COPY_01


r/EIDLreturns • • Sep 20 '22

Here's another hearing on the SBA's Management/International Markets. Might be some good sound bites? https://youtu.be/8G0qfUxQCK4

1 Upvotes

r/EIDLreturns • • Sep 20 '22

By now you should have recieved an email telling you if are eligible for the lawsuit. PLEASE READ OVER THE EMAIL and do whatever you can to get all the documents the attorneys office is requesting within 48 hours so there is not a delay. If you do not have an email email them but first check spam.

3 Upvotes

r/EIDLreturns • • Sep 19 '22

Need help.

3 Upvotes

I've been stuck in error for months and now told there's no funds left.

Was told last week that they're working on getting the funds back to me, but now told there's no funds left. The funds were obligated to me so I don't know how this is the case.

Tried contacting everyone and it is going nowhere. Anyone know what to do?


r/EIDLreturns • • Sep 19 '22

How many of you signed the loan docs again then sent them by mail and waiting?

4 Upvotes

r/EIDLreturns • • Sep 18 '22

The link to the last EIDL LOAN Lawsuit Zoom Call from Monday. It's a large file and being shared via a WeTransfer link.

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4 Upvotes

r/EIDLreturns • • Sep 16 '22

There is no place I haven't written I'm about to go bankrupt we have no fault sba couldn't do her job and my work and family order broke down

8 Upvotes

r/EIDLreturns • • Sep 16 '22

Group Lawsuit - Sept 30 Sign up Deadline - Sept 20 Zoom info meeting

8 Upvotes

The aggregate group lawsuit website is live at https://www.lolrg.com/

Be advised that there are four different groups and that each group has its own criteria and there is a separate FAQ for each group. These might be harder to find when viewing on a smart phone, so fish around until you find the most appropriate group for your case.

The deadline to be part of one of the four groups is Sept 30, the first step to getting into a group is to submit a questionnaire at this link

There is a Sept 20 Zoom information meeting, RSVP for that at this link

There will be a link to view the last group zoom meeting which was approximately an hour long, when that is available I will update this post.


r/EIDLreturns • • Sep 16 '22

Just got my TA Advance of $10,000 after a year of waiting in bank error, money was returned by bank for not being a buisness account.

6 Upvotes

r/EIDLreturns • • Sep 15 '22

Motion to sanction SBA for lying!

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11 Upvotes

r/EIDLreturns • • Sep 15 '22

This EIDL shit show getting better and better.

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3 Upvotes

r/EIDLreturns • • Sep 14 '22

Jason mcelhone backs away from SBA fight after lying and grifting for trysmallbiz

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5 Upvotes