Misc Pub 27-8 Legal Handbook Commander’s 2019


d) Immediately Refer the Soldier to a Legal Assistance Attorney



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
d) Immediately Refer the Soldier to a Legal Assistance Attorney. The fact that you received a call may indicate that the Soldier is in financial distress. A legal assistance attorney will be able to represent the Soldier individually and assert any legal rights that the Soldier may have, such asunder the FDCPA. The FDCPA has numerous penalty provisions for procedural violations that may help the Soldier eliminate an otherwise valid debt. The legal assistance attorney can also assist the Soldier to setup financial counseling. The referral needs to be quick, as the Soldier may only have a short time to assert particular rights. Have your legal advisor assist you if your Soldier has trouble getting an appointment.
e) Contact Your Legal Advisor After Every Subsequent Call. It is typically prudent to share information about subsequent calls with the Soldier’s legal assistance attorney or civilian attorney, if applicable. Debt collectors who are repeat violators or who actually attempt to come on the installation to harass Soldiers maybe subject to being barred from the installation by the Garrison Commander or other appropriate authority.
B. Automobiles
1. Basics
Most Soldiers do not purchase an automobile the proper way and automobiles are generally the most valuable asset that junior Soldiers own. Soldiers will often inform a car dealer of the maximum monthly payment that he or she can afford. Many car dealers will then seek to
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maximize the profit by implementing a variety of techniques, none of which are advantageous to the Soldier.
Soldiers are also susceptible to what is commonly known as a “Yo-Yo Car Sale Dealers who participate in this scam will allow a Soldier to drive a car off of the lot with the understanding that the purchase has been completed. After a few days or weeks, the Soldier is called back into the dealer under some premise, such as the financing fell through At this point, the dealer has already sold the Soldier’s trade-in vehicle. The dealer will then take possession of the new vehicle, and try to force the Soldier into paying a larger down payment or agreeing to a higher interest rate. Soldiers often agree to anew deal out of a fear of embarrassment, alack of legal knowledge, or simply because the Soldier feels like he or she has no real choice. While each case is different, this type of practice is typically illegal fora variety of reasons.

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