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must be returned to the sender, along with a letter similar
to figure 11-6
If the creditor is in violation of the Fair Debt
Collection Practices Act or a state statute regulating debt
collection practices, the CO should send to the creditor
a letter similar to figure 11-7.
If the creditor is not in violation of the Fair Debt
Collection Practices Act or a state statute regulating debt
collection practices and complied with the Standards of
Fairness, the CO should refer the correspondence to the
member concerned, have the member communicate in
a proper and timely manner with the creditor regarding
his or her intentions in the matter, and send a letter
similar to figure 11-8 to the creditor.
If the creditor has not satisfactorily met the
requirements for full disclosure or signed the Certificate
of Compliance, the CO should send to the creditor a
letter similar to figure 11-9. The creditor’s Correspondent
should be returned and no further action should be taken
by the CO or other officials of the Navy Department until
the Standards of Fairness are met and the creditor sends to
the CO a complete Statement of Full Disclosure and a
signed Certificate of Compliance.
When a creditor’s letter is received via a Member
of Congress, a letter similar to figure 11-10 should be
sent. When commands receive letters from creditors
desiring to contact a member about indebtedness and the
member is not or is no longer attached to the command,
the creditor should, unless a different course of action is
clearly indicated, be advised of the member’s new duty
station address or that the member is not with the
command and that the creditor might obtain the
member’s duty station address by writing to the locator
service of the Chief of Naval Personnel(PERS-312D),
enclosing $3.50 (subject to change) as a fee for the
service. The member’s home address may not be
released.
Requests received to furnish information concer-
ning the personal rating of a member of the naval service
should be courteously refused. The policy of the
Department of the Navy is to require that replies to such
inquiries be limited to a verification that the member is
in the naval service and to a statement of the member’s
duty station address and basic pay. A letter similar to
figure 11-11 is applicable in this situation. The requester
should be further informed that information concerning
a member’s credit rating maybe obtained from civilian
agencies that have been established for that purpose.
Dear Sir/Madam:
This is in reply to your letter of (date) concerning the alleged indebtedness of (grade/rate, name).
The policy of the Department of the Navy is that members of the naval service shall honorably discharge their
just and fair debts. The Department of the Navy, however, has no authority to enforce settlement of any private
claims made against members of the naval service, nor is adjudication of disputed claims a matter under the
cognizant of the Department of the Navy.
The Navy will forward complaints of indebtedness to members advising them to communicate directly with
the claimant regarding their intention in the matter, provided that the letter of indebtedness complies with statutory
and regulatory requirements.
A careful review of the contents of your correspondence suggests that it is in violation of (statute [federal or
state or both]), in that (brief description of apparent violation; that is, correspondent is a member of the class of
persons prohibited from contacting third parties). Therefore, the correspondence is returned to you without action.
You are advised to communicate directly with (grade/rate, name) about this matter.
Sincerely,
Enclosure(s)
Figure 11-6.-Letter of indebtedness to debt collector in violation of the Fair Debt Collection Practices Act or a state statute.
11-19
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