Debt Collection and the Military
Military consumers have special rights when it comes to debt collectors.
More military members are complaining about harassment every year. Debt collectors are using aggressive and abusive tactics specifically targeting members of the military.
Strong arm tactics to extract payment from Navy or Marine personnel are not new, but seem to be on the increase.
Threatening to go to the service member’s command or have their security clearance revoked are common collector strategies.
If a military member does not pay his or her debts it is considered an offense under the Uniform Code of Military Justice.
The command cannot act as a debt collection agency for the creditor. However, if the creditor has a judgment or court order requiring the payment of the debt, the creditor can obtain an involuntary allotment from the members pay.
It is important that you seek the assistance of a Fair Debt Collection Attorney or a Consumer Attorney. We will be happy to speak with you for no charge if you are being harassed by a creditor. Call Steve Recordon 619-236-1223
An attorney can talk to you about bringing legal action against the offending debt collector. You can also file a complaint with the Federal Trade Commission. Their contact information and complaint forms can be found online.
The Service Members Civil Relief Act (SCRA) gives military personnel certain rights.
If you are active duty and are defending the United States or in training to defend the United States, and the debt was incurred prior to entering active duty, the courts cannot enter a default judgment against you. This right under SCRA is violated routinely by debt collectors and gives you the right to sue them for violations of the Federal Fair Debt Collection Practices Act and in California, the state Rosenthal Act. If this has happened to you, you should immediately contact a consumer attorney.