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Appendix C to Part 113

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judgment 501-592.

were a civilian employee;

process;

c. The member's pay could be ga

d. To the best of my knowledge, to do filed for protection from creditors under the bankruptcy laws of the United States;

f. If the member overpays the amount owed on the to the member within 30 days of discovery or notice of t fail to repay the member, I understand that I may be denied other debts reduced to judgments.

has not been amended, superseded, set aside, or satisfied;

(2) if the judgment has been satisfied in part, that the judgment remains unsatisfied to the

while the member was not on active duty; or

while the member was on active duty, that the member was present or represented by an attorney of the member's choosing in the proceedings; or

(3) if the member was not present or represented by an attorney at the judicial proceedings, that the & complies with the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 5 USC app.

r applicable State law and 5 USC 5520a if the member Anot been discharged in bankruptcy nor has the member

e. I will promptly notify you to discontinue the involuntary allotment at any time the judgment is satisfied prior to the collection of the total amount of the judgment through the involuntary allotment

$fit, I will refund the amount of overpayment verpayment, whichever is earlier, and that if | àe right to collect by involuntary allotment on

5. I HEREBY ACKNOWLEDGE THAT:

As a condition of application, I agree that neither the United States, no employee whose duties include processing involuntary allotment applicati —w respect to any payment or failure to make payment from moneys due or payable by the United States to any person pursuant to this application.

ar

y disbysing official or Federal
ts, shall be liable with

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6. CERTIFICATION

I make the foregoing statement as part of my application with full knowledge of the pe es involved for willfully making a false statement (U.S. Code, Title 18, Section 1001, provides a penalty s: A maximum fine of $10,000 or maximum imprisonment of 5 years, or both).

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Appendix D to Part 113

invol. UNITARY ALLOTMENT NOTICE AND PROCESSENG

privacy Act starasarr A : 5 USC 5520s, EO 9397. : To notify a member of the Armed Services or the Coest Guard of an allotment application against the member's disposable pay; to provide the member an opportunity to to the involuntary aflotment

application; and to provide for action by the member's commander to forward the member's response to the Defense Finance and Accounting Service (or the Coast Guard Pay and Personnel Center) and, as appropriate, to make determinations concerning endgencies of military duty; and to provide for appeals of exigency

det ROUTINE UCES: None. DoCLOSURE: V or the member; however, failure to provide a response may result in the involuntary allotment of the sposable pay. [Not RUCTIONS 1. These instructions processing of an application for an involuntary allotment from the pay of a member of the Armed Forces or the Coast Querd USC 552Oa.

2. Section I, item 1 is to be completed by the designated Defense Finance and Accounting Service (DFAS) (or Coast Guard Pay and Personnel Center) representative. After completing this section, the representative will mail the form, along with two copies of the Allotment associated commander of the member

copy to the member.

S. Upon receipt, the oommander will determine if the member identified in Section i is in his or her unit. If the member is no longer assigned or available, or, after receiving the no red on ill, requests an extension to respond that is granted, the available *nd

under Section il, item 3, the oommander will return the entire Personnel Center); if an extension is authorized under Section II, ld soy DFAS (or the Coast Guard Pay and Personnel Center) later than the ty provide a copy of Sections 1 and il to DFAS (or the Coast Guard Pay veland Center, Code L., PO Box 9.980O2, Cleveland, OH 44199-8002" (or other address as specified by DFAS). For the ot address is: "Coast Guard Pay and Personnel Center (LGL), 444 S.E. Quincy Street, Topeka, KS 66883-3591." If th d, the commander will provide the member a complete copy of BD Form 2653, "Involuntary Allotment Application," and counsel the member in accordance with Section ill, items 7a - 3.

form and application peckage to DFA8 (or the Co. item 4, that will cause the member's response to date the response is due, then the commander m

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4. After counseling, the commander will complete Section M!, item 8, and the member will complete Section lil, item 9. The commander will then make and retain one copy of the form with Section Ill completed. After obtaining a copy, the commander will provide the member the signed original and advise the member to complete Section IV prior to the date the commander specifies that the member's response is due.

5. The member will complete Section IV and return the original form + & C ing evidence or additional matters, if afiy, to the commender on or before the due date ss specified by the commander.

6. Following receipt of the member's response, the commander will complete Section V and forward the original form, to include any additional evidence or other matters from the member, to DfaS (or the st Guard Pay and Personnel Center) at the address sisted in paragraph 3 above. Note, if the member fails to respond by the due dote, commander will complete Section V on a copy of the DD Form 2654 previously retained in accordance with the instructions in paragraph 4 above, and forward the form to DFAS (or the Coast Guard Pay and Personnel Center).

7. Within 5 working days from the date of forwarding to DFAS (or the Coast Guard Pay and Personnel Center), the commander will provide the member a copy of the completed DD Form 2654. sEction 1 - Morrication of APPLICATION Fon involuntary ALLoriment 1. MEMBER DENTIFICATION a. NAME (Last, First, Middle initias) b. SSN c. RANik d. BRANCH OF SERVICE

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2. DATE RESPONSE DUE (fif not received by this date, an invosuntary allotment may be automatically processed.)

SECTION II - COMMANDER's DETERMINATION OF MEMBER's AVAILABlissy AND EXTENSIONS TO RESPOND 3. MEMBER AVAILABILITY On (date - YY.MM.DD), I received this form and an application for an involuntary . the pay t

of the member identified. The above named member is not available for purposes of processing an inv because the member is as indicated below. Official documentation supporting this determination is at di

a. Retired (including placement on the Temporary or Permanent Disabled Retired List). →
b. In a prisoner of war status. J \ LA

c. in a missing in action status.

d. Not assigned or attached to this unit or organization. DD FORM 2654, NOV 94 Fogg.TORTFASEs Appendix D to Part 113

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SECTIOM I (Continued)

4. EXTE & Co.

I have determined that an extension is necessary until (YY.MM.DD) because the member is not available for notice or unable to respond in a timely manner (explain in Remarks section below. I will notify you prior to the above if any extensions are necessary.

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7. RGOTICE 7You are hereby notified that an application bo of an involuntary allotment for the lesser of 25% of your pay subject to involuntary allotment or the ge of pay subject to garnishment proceedings under the applicable state law has been received. Along ice, I am providing you a copy of the entire application package. Additionally, you are notified that *

a. You must respond within 15 calendar days from the date of this notification by either consenting to the involuntary allotment or contesting it. For good cause shown, I may grant an extension of reasonable time (normally not exceeding 30 calendar days, except during times of deployment, war, national emergency, or other similar situations) to submit a response. Additionally, if you fail to respond within the specified date (or any approved extended date), your failure to respond will be indicated in Section V of this form, which will then be sent back to the designated Defense Finance and Accounting Service (DFAS) (or Coast Guard Pay and Personnel Center) official for a - e

b. You may contest this application for any of the reasons described in ion IV of this form.

c. If you contest the application, you must provide evidence (doğurhentary or otherwise) supporting your reasons for contesting the application. Any evidence you submit may be disoete the applicant for this involuntary allotment.

d. You may, if reasonably available, consult with a legal assistance attorney, or a civilian attorney at no expense to the government. If a legal assistance attorney is available, you should immediately arrange for an appointment. Ho a legal assistance attorney is not available, you may request a reasonable delay to enable you to obtain legal assistance. If you have failed to exercise due diligence in seeking assistance, I will deny a request for delay

e. If you contest the involuntary allotment on the grounds that exigencies of mi duty caused your absence from an appearance at the judicial proceeding at which the judgment was rendered, then I review and make the final determination on this contention. My decision will be reflected in Section V of this form which will beforwarded to the designated DFAS (or Coast Guard Pay and Personnel Center official for appropriate action. I will consider the following when making this determination: | o

(1) That exigencies of military duty are defined as "a military assignment or mission essential duty that, because of its urgency, importance, duration, location, or isolation, necessitates the absence of a member of the military services from appearance at a judicial proceeding. Absence from an appearance in a judicial proceeding is normally presumed to be caused by exigencies of military duty during periods of war, national emergency, or when the member is deployed."

(2) Whether the military duties in question were of such paramount importance that they o: available to attend the judicial proceedings, or rendered you unable to timely respond to process, motidins pleadings, or orders of the court.

f. If you contest the involuntary allotment on any basis other than exigencies of military duty, you must r this form #. ;

and your response to me. This form, the application package, and your response will then be returne DFAS (or Coast Guard Pay and Personnel Center) official who will consider your response and determs to establish the involuntary allotment. The designated DFAS (or Coast Guard Pay and Personnel Center) official has decision authority on all issues other than exigencies of military duty.

DD FORM 2654, NOV 94 PAGE 2 OF 4 PAGES Appendix D to Part 113

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LSECTION II (Continued!

g. H you fail to respond to me within the time period specified (including any extensions authorized by me), I shall indicate your in Section V of this form, and mail this form and the application package back to the designated DFAS (or uard and Personnel Center) official for appropriate action.

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8. DESQoEE
&, B. & GMATURE BLOCK G. DATE SIGNED

9. [Mot AC (NOWLEDGoBNT I hereby acknowledge that the commander or his or her designee has counseled me in accordance with Section ill of this

form; that I am being given an to review this form and the application package; I may seek legal assistance prior to responding; I have received a of DD Form 2653 and the entire application package for this involuntary allotment; and that I must complete this form and return the form to my commander.

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a. I acknowledge that this is a valid judgment and consent to the establishment of an involuntary allotment.
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b. I contest this involuntary Allotment o fo the following reasons sh; contesting, you must explain the reason in item 77, "Remarks," and provide appropriate apport the resson.J.

{1} That my rights under the yo Civil Relief Act were not complied with during the judicial § proceeding upon which this a is o

3. (2) That exigencies of military duty caused my absence from appearance in a judicial proceeding forming the - basis for the judgment upon which this application is sought.

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§ (3) That information contained in the application is falselor ous in material part. ń § (4) The judgment has been fully satisfied, *; to: aside. §§ (5) The judgment has been materially amended, or partially satisfied. (Provide evidence of the amount satisfied and the Roo. amount which remains in effect.) : * o (6) There is a legal impediment to the establishment of the involuntary oment. (For example, the judgment debt

Has been discharged in bankruptcy, or you have fied forerotection from the creditor(s) under the bankruptcy laws of the § United States, or the applicant is not the judgment creditor or a proper successor io interest to the creditor.)

REMARK8 (Use additional sheets if necessary.A

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11.

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1 12. MEMBER C’s a. 8GNATURE b. DATE 3IGNED DD FORM 2654, NOV 94 - *r PAGE 3 of 4 PAGEs

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&. member has completed Section IV of this form and the member's response (to include any additional ls hereby forwarded for appropriate action.

b. ==---------------member.

14. Y IF THE Too! ASCENTED "ExoGeo Coes OF Moln ARY DUTY" As soooo PON CONTEDT 00 THE INVOLUNTARY ALLOTMENT APPLICATIOM finities in the appropriate specs/

a. Exigencies of military duty DD NOT CAUSE the absence of the member from an appearance in the judicial proceeding ~~~~~~~~~~~~~

b. Exigencies of military USED the absence of the member from an appearance in the kudicial proceeding upon which this application allotment is sought. Edgency existed due to: and 5. "Remarks.") -— (2) War (3) National Emergency (4) Other (e.g., Major Exercise)

NOTE: –

16. F THE APPLICANT CHOOSES TO APPEAL MV EXIGENCY DETERMINATION, THE APPEAL MUST BE SENT TO: a. TITLE OF APPEAL AUTHORITY

~H b. STREET ADDREgg c. CITY d. STATE -r tomoso I 17. COMMANDER OR DESIGNEE LM a. $$@TATURE b. 3 GMATURE so OCC o, DATE SIGNED DD FORM 2654, NOV 94 - PAGE 4 OF 4 PAGES

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