1. How does one apply for an involuntary allotment?
   A creditor may initiate this process against a military member by submitting an Involuntary Allotment Application (DD Form 2653) along with a certified copy of a final judgment issued by a civil court. We must be served with an original and two copies of both the form and the judgment. Also, the application must contain the member's full name and social security number for positive identification. The creditor should mail the completed package to the following address:

   Defense Finance and Accounting Service.
   Attention: Code DGG.
   PO Box 998002.
   Cleveland Ohio 44199-8002.

   A DD Form 2653 may be downloaded here, may be obtained by writing the address above or by calling  1-888-DFAS-411 or 1-888-332-7411. Please include a return address on any correspondence, not just on the mailing envelope.

2. How much time does it take after sending in the application to DFAS before payments begin?
   The regulation that establishes the procedures DFAS must follow when processing these applications contains mandatory time allowances that the military member must be given to respond prior to an involuntary allotment being started. This will normally prevent us from establishing an involuntary allotment until 90 to 120 days after the application is received; however, if the member responds quickly and does not contest the allotment, this time could be shorter.
   
   
3. How much of the member's pay can an applicant receive each month? What if there are other allotments in place?
   The Consumer Credit Protection Act, 15 U.S.C. 1673, establishes the maximum amount that may be withheld from individual's pay for garnishments or other legal process to satisfy commercial debts. This amount is 25 percent of the individual's disposable pay. Disposable pay is the gross pay minus certain authorized deductions such as income tax withholding or debts owed to the government. If the member already has other involuntary allotments in place, applicants will have to reapply when that debt is satisfied. Also, if deductions are being made to satisfy child or spousal support obligations, it is possible there will be no funds available to satisfy commercial debts for many years to come. In this case, we will notify creditors of the status.
   
   
4. What is the Servicemembers' Civil Relief Act (SCRA)? How does it affect an application for involuntary allotment?
   The SCRA is a federal law that applies at all times not just when we are at war. It was designed to protect the legal rights of those who have been called upon to serve their country in the military. There are many provisions in the SCRA. Most of them allow a service member to delay certain legal actions if his military service affects his ability to participate in the proceeding. There are also provisions that affect a member's financial transactions, such as allowing for lowered interest rates on loans while a member is serving on active duty. However, the portion that is relevant to military commercial debt allotments is 50 U.S.C. App. Sec 520. This section basically says that in any proceeding where the defendant has failed to make any appearance, prior to any default judgment being issued, the plaintiff must file an affidavit with the court. The affidavit must state whether or not the defendant is in the military service, or that the plaintiff is unable to determine that fact after a reasonable effort. If the creditor submits a copy of the affidavit that was filed with the court prior to the date of the judgment, we will approve the application initially and send it to the member. Not following this mandatory procedure does not make the judgment void nor does it necessarily mean that we will not be able to honor the application. It does make the judgment voidable at the court's option upon a proper showing of certain proof by the defendant. However, to use the military involuntary allotment process, a creditor must comply with the statute. Pursuant to the implementing regulation, we are to ensure that the procedural provisions of the SCRA have been complied with prior to starting an involuntary allotment for commercial debt against a military member. Therefore, we would not be able to start an involuntary allotment based on a judgment that does not comply with the SCRA. Also, because the SCRA states that these procedures must be followed prior to a default judgment being issued, there is no way for a creditor to go back and remedy any deficiency aside from vacating the judgment and starting the process again to comply with the SCRA after the fact.

  Questions concerning the involuntary allotment process can be directed to   1-888-DFAS-411 or 1-888-332-7411.

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