Misc Pub 27-8 Legal Handbook Commander’s 2019


Steps for Commanders Contacted to Assist with Collecting on a Debt



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
2. Steps for Commanders Contacted to Assist with Collecting on a Debt
a) Attempt to get contact information, such as the caller’s name, address, and telephone number. Because of the operation of the FDCPA and other laws and regulations, the caller may not be willing to provide this information. In some cases, the
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person will just inform you that he or she needs to discuss an important matter or something along those lines, with the Soldier. At a minimum, note the date and time of the call, and what was said. This information may later benefit your Soldier. Do not make any promises to the caller, to include a promise to assist with or check into the matter.
b) Contact your legal advisor. Provide the information about the phone call to your legal advisor. Ask the legal advisor for advice on how to proceed, particularly if the Soldier is in trouble for other unrelated matters. Because of the recent rescission of Army Regulation 600-15, you are not authorized to assist any creditor in collecting on a debt.
c) Counsel the Soldier, as appropriate. You may counsel the Soldier to better understand the Soldier’s issue and to help find a solution. Debt issues can be symptomatic of other non debt-related issues. Many forms of counseling services are available from Army Community Services (ACS) and Military OneSource. For financial-related issues, some units have specially-trained Command Financial Advisors (CFAs). If you ever anticipate taking any form of adverse action against the Soldier or are currently doing so, be sure to contact your legal advisor prior to the counseling. If you delegate the responsibility of counseling the Soldier, ensure that the counselor understands his or her obligations under Article 31, UCMJ. In these cases, it is also often good practice to provide the Soldier with the information about the call you received, as the Soldier maybe able to use that information to obtain relief.

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