Advisement of Rights

Advisement of Rights and Obligations

Read this document carefully as it provides important information on your rights and obligations. You have been determined to owe money to a Marine Corps Nonappropriated Fund Instrumentality (NAFI). Marine Corps NAFIs include, but are not limited to, Marine Corps Community Services (MCCS), Marine Corps Exchange, and Marine Corps Hospitality Services. Debts to Marine Corps NAFIs are debts to the United States.

To avoid involuntary (enforced) collection, you must repay your debt in full, or if you are unable to pay in full establish with the NAFI a mutually agreeable alterative payment plan, within 30 days from the date of your demand letter.

If involuntary collection is required, the NAFI may enforce collection by involuntary salary offset, and if necessary refer your debt to the U.S. Department of the Treasury, where one or more of the following actions could be taken:

• Offset of any Federal payments due to you, including income tax refunds, salary, certain benefit payments (such as Social Security), retirement, vendor, and travel reimbursements and advances.

• Refer your debt to a private collection agency.

• Report your debt to a credit bureau.

• Garnish your wages through administrative wage garnishment (no court order is required).

• Refer your debt to the Department of Justice for litigation when appropriate, and in compliance with Executive Order 12988.

NOTICE OF INTENT TO REFER DEBT FOR COLLECTION USING

U.S. TREASURY OFFSET PROGRAM

The following opportunities are available to you in relation to your debt. You may contact MCCS Global Business Services (GBS) at the below address to:

• Obtain the current total debt due to the NAFI.

• Inspect and/or be provided with a copy of the NAFI records related to your debt.

• Review the NAFI determinations of your debt.

• Request a waiver of your debt.

• Establish with the NAFI a mutually agreeable repayment plan within 30 days of your demand letter. An approved NAFI alternative repayment plan requires partial payment be made within 30 days of your demand letter. Failure to comply with a repayment plan will result in your debt being referred to the U.S. Department of the Treasury Cross-Servicing Debt Program without further notice.

YOU ARE ADVISED OF THE FOLLOWING:

• If you do not make payment as described above, MCCS GBS intends to submit your debt to the U.S. Treasury’s Cross-Servicing Program for enforced collection. For Department of Defense military and civilian personnel, MCCS GBS may also pursue involuntary salary offset.

• At any time during the debt collection process, you have the right to pay your debt in full (includes applicable interest, fees, and penalties).

• You must notify MCCS GBS at the below address if you file for bankruptcy.

• Excess collections on your debt will be refunded to you unless prohibited by law.

• If you make or provide any knowingly false or frivolous statements, representations, or evidence, you may be liable for penalties under the False Claims Act (31 USC §§3729-3731), or other applicable statutes, and/or criminal penalties under 18 USC §§286, 287, 1001, and 1002, or other applicable statutes.

NOTICE TO FEDERAL EMPLOYEES:

• If you fail to respond and resolve this debt within 30 days of notification, MCCS GBS will pursue involuntary collection through salary offset against your net disposable pay in accordance with DoD 7000.14-R, Financial Management Regulation.

• MCCS GBS may also submit your debt for involuntary collection through the U.S. Department of the Treasury Cross-Servicing Debt Program and the U.S. Treasury will deduct the maximum allowable percentage (currently 15 percent) of your disposable net pay beginning in the pay period that your debt is referred by MCCS GBS to the U.S. Treasury, and continuing every pay period until your debt, including interest, penalties, and other costs are paid in full. A written petition requesting a hearing to consider evidence must be received at the address listed below, within 15 days of your receipt of this notice. A timely petition will stay commencement of the U.S. Treasury’s proceedings until a final decision is issued, no later than 60 days after filing the petition (unless extended by hearing official).

• Unless prohibited by law or contract, we will promptly refund to you any amounts paid by you or deducted from your pay for your debt which are later waived or found not owed to the NAFI.

• If you file a joint income tax return, you should contact a tax advisor or the Internal Revenue Service before filing your joint return in order to protect the share of any income tax refund which may be payable to your spouse who is not a delinquent debtor to the U.S. Government.

NOTICE TO MILITARY SERVICE MEMBERS:

• If you fail to respond and resolve this debt as described above within 15 calendar days from the demand letter, the NAFI will notify your Commanding Officer.

• If this debt is not resolved within 60 days from notification, MCCS GBS will submit your debt to Marine Corps Total Force System or the Defense Joint Military Pay System as a Pay Adjustment Authorization in accordance with DoD 7000.14-R, DoD Financial Management Regulation.

• Once an involuntary pay adjustment is initiated any of your debt remaining uncollected at separation will be collected from final pay and allowances. You may also be subject to additional collection fees for any additional collection efforts required for the settlement of this debt.

• Any remaining balance of the debt will be referred to the U.S. Treasury Cross-Servicing Debt Program as described above in the Notice to Federal Employees.

The MCCS GBS is an activity of the Business and Support Services Division, Manpower and Reserve Affairs, Headquarters, U.S. Marine Corps, and assists Marine Corps NAFIs in collection of delinquent debts as described above. Questions or concerns on any of the above information should be directed to:

MCCS Global Business Services

2306 E Bannister Road

Kansas City, MO 64131

Phone: (816) 705-4400

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