REFERRAL TO SERVICE MEMBER DEBTOR

Normally a division officer or you, as the senior LN, refers a qualified indebtedness complaint to the service member at a conference where the member is confronted with the alleged debt. If the service member acknowledges the debt and his or her ability to pay, instruct the member on the fact that he or she is expected to make good on the debt as soon as possible. If the service member disputes the debt or states an inability to pay, refer him or her to the nearest legal assistance officer.

CORRESPONDENCE WITH THE CREDITOR

When you refer a complaint to a service member debtor, you should notify the creditor of the referral and some indication of the debtor's intentions. Prepare and send a letter similar to the sample letter in figure 14-2 to the creditor and make sure the member's intentions reach the creditor either directly or through a legal assistance officer.

When the correspondence shows the complaining creditor has no judgment, is subject to the Truth in Lending Act, and contains no evidence of the compliance-disclosure requirements already discussed, prepare and send a letter similar to the sample letter in figure 14-3, enclosing a copy of the Standards of Fairness and forms for a Statement of Full Disclosure and the Certificate of Compliance. Hold the complaint in abeyance pending reply from the creditor.

If the creditor resubmits the complaint and includes the completed, required forms, or their equivalent, the complaint is considered qualified and you should

Figure 14-1.-Sample letter to debt collector in violation of Fair Debt Collection Practices Act or state statute.

Figure 14-2.-Sample letter of complaint referred to service member debtor.

Figure 14-3.-Sample letter to creditor who provides no evidence of meeting compliance-disclosure requirements.

_{process it accordingly.} If the resubmitted complaint contains neither form, or a set incompletely or insufficiently completed forms, return the creditor's correspondence with a cover letter similar to the sample letter in figure 14-4.

Refer cases of questionable qualifications to a legal assistance officer or an appointed command representative for review and opinion. In such instances, correspondence to the creditor is tailored appropriately.

Occasionally, a disgruntled creditor who did not qualify his or her complaint for referral writes to his or her Congressman. This leads to a congressional inquiry. The most important thing to know about a congressional inquiry is that it must be answered quickly and courteously and provide sufficiently complete information to answer the question without violating _{anyone's rights.} A congressional inquiry is dealt with by using a letter similar to the sample letter in figure 14-5.