ELECTRONICALLY FILED
`2020 Feb 07 PM 2:46
`CLERK OF THE RILEY COUNTY
`CASE NUMBER: RL-2020-LM-000157
`PII COMPLIANT
`
`Prepared by:
`Clinton P. Woerth, Esq. KSC#19609
`Eric Wetzel, Esq. KSC#25093
`Kelly L. Williams, Esq. KSC#26939
`Attorneys for Plaintiff
`10680 Treena St., Ste 500
`San Diego, CA 92131
`Phone: 866/428-8102
`Fax: (757) 518-0860
`Email: LitigationFilingKS@portfoliorecovery.com
`Attorneys for Plaintiff
`
`1N THE DISTRICT COURT OF RILEY COUNTY, KANSAS
`LIMITED ACTION COURT
`
`Case No.
`
`Pursuant to Chapter 61 of
`Kansas Statutes Annotated
`
`)
`
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`
`))
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`
`PORTFOLIO RECOVERY ASSOCIATES, LLC
`Plaintiff,
`
`vs.
`
`HOANGYEN T NGUYEN
`9821 HEATHER LN
`MANHATTAN KS 66502
`Defendant.
`
`PETITION
`(RECOVERY 0F MONEY)
`
`COMES NOW Plaintiff, by and through counsel, and for its cause of action against Defendant hereby
`states and alleges as follows:
`
`1.
`
`Plaintiff is a Limited Liability Company, duly organized and existing under law.
`
`2.
`in this Court.
`
`Defendant is a resident of RILEY County, Kansas and therefore jurisdiction and venue are proper
`
`COMENITY CAPITAL BANK/ COMENITY CAPITAL BANK / ZALES (hereinafter
`3.
`”Assignor”) and Defendant entered into an agreement, whereby Assignor extended credit pursuant to the terms and
`conditions of a credit agreement (hereinafter ”the Agreement”).
`
`In accordance with the Agreement, Assignor issued a credit card with account number ending in
`4.
`************ 1047 (hereinafter ”the Agreement”)
`
`5.
`Defendant.
`
`Defendant utilized the Account to procure currency, goods and/or serVices to the benefit of
`
`Defendant, in exchange for the use of the Account, agreed to pay Assignor for all amounts due
`6.
`resulting from the authorized use pursuant to the Agreement, including any finance charges and any other charges
`due under the terms of the Agreement.
`
`7.
`
`Assignor sent statements of account identifying Defendant’s financial transactions related to use of
`
`
`
`the Account, to which Defendant did not object.
`
`8.
`Agreement.
`
`Defendant breached the Agreement by failing to make payments to Assignor pursuant to the
`
`Plaintiff is the holder of a valid assignment of the Account. Plaintiff has been assigned all of
`9.
`Assignor's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise,
`collection and/or adjustment of the Account. Furthermore, the Assignor has retained no further interest in the
`Account.
`
`Plaintiff and Assignor have fully performed, pursuant to the terms of the Agreement or their
`10.
`performance has been excused by Defendant’s breach.
`
`Plaintiff and Assignor have made demand for payment of the outstanding balance, however
`11.
`Defendant has failed and continues to fail to pay said balance.
`
`12.
`
`The balance due and owing on the Account is $1,975. 10.
`
`WHEREFORE, Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC prays for this Court to enter
`judgment in favor of Plaintiff against Defendant in the sum of $1,975. 10, all costs expended herein and for such
`further and other relief as this court deems just and proper.
`
`Respectfully submitted,
`
`/s/ Clinton P. Woerth
`Clinton P. Woerth, Esq. KSC#19609
`Eric Wetzel, Esq. KSC#25093
`Kelly L. Williams, Esq. KSC#26939
`Attorneys for Plaintiff
`10680 Treena St., Ste 500
`San Diego, CA 92131
`Phone: 866/428-8102
`Fax: (757) 518-0860
`Email: LitigationFilingKS@portfoliorecoverycom
`Attorneys for Plaintiff
`
`23383037
`
`
`
`I, the undersigned,
`afrm and state as follows:
`
`Parth Patel
`
`AFFIDAVIT
`
`, Custodian of Records, for Portfolio Recovery Associates, LLC hereby dcpose,
`
`1.
`
`lam competent to testify to the matters contained herein.
`
`I am an authorized employee of Portfolio Recovery Associates, LLC, (“Account Assignee”) which is doing business at
`2.
`Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations
`and averrnents herein, and do so based upon a review of the business records of the Original Creditor COMENITY CAPITAL
`BANK/ZALES and those records transferred to Account Assignee from COMENITY CAPITAL BANK (“Account Seller”), which
`have become a part of and have integrated into Account Assignee’s business records, in the ordinary course of business.
`
`According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of
`3.
`the account are now owned by the Account Assignee, all of the Account Seller’s interest in such account having been sold, assigned
`and transferred by the Account Seller on 07/12/2018. Further, the Account Assigree has been assigned all of the Account Seller’s
`power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said
`account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsocvcr.
`
`According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of
`4.
`business by the Account Assignee, there was due and payable from HOANGYEN T NGUYEN (“Debtor and Co-Debtor”) to the
`Account Seller the sum of $1,975.10 with the respect to account number ending in 1047 as ofthe date of 06/30/2018 with there being
`no known un-credited payments, counterclaims or offsets against the said debt as of the date ofthe sale.
`
`According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs
`5.
`occurring subsequent to the date of sale, Account Assignee claims the sum of $1,975.10 as due and owing as of the date of this
`afdavit.
`
`Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on
`6.
`active military service of the United States.
`Portfolio Recovery AFEciates, LLC
`Earth Patel
`
`,Custodian ofRecords
`
`By:
`
`A notary public or other uiccr
`completing this certicate
`only the identity ofthe
`veries
`individual who signed the document, to which this certicate
`is attached, and not the
`truthfulness, accuracy, or validity ofthat document.
`State of California
`County of San Diego
`
`D E C 3 0 7.019
`
`Subscribed and sworn to (or afrmed)
`before me on
`, by
`proved to me on the basis of satisfactory evidence to be the person who appeared before me.
`
`m’l
`
`Notary Public
`
`Parth Patel
`
`DANlELLE ROSE WiNKLE
`Notary Public - California
`San Diego County
`Cornmlssion # 2253436
`My Comm. Emlres Aug 10, 2022
`
`23383037-3 185-67
`
`v4
`
`
`
`ESummar of account activit
`
`Account no. —v1047
`
`Previous balance
`Payments
`Oiher crediis
`Purchases
`Other debits
`Fees Chargm
`Imeres‘ Chargm
`New balance
`P351 due amoum
`Credit timii
`Available cred”
`Statement ciosing date
`Days in billing cycle
`
`$1 532.73
`0.00
`0.00
`000
`0.00
`3800
`404-37
`$1 375.10
`15800
`$140000
`$0.00
`06/17/2018
`30
`
`PAGE:
`
`1 Oi— 4
`
`$1 975.10
`$183.00
`071'131'2018
`
`Pa ment information
`New balance
`Minimum paymenl due
`Payment due dale
`‘
`La‘e Paymem Wammg‘
`If we do nol receive your minimum payment by 07/13/2018 you may
`FY?,‘9PW,PP,,‘97??7$,3,3;99‘?‘,‘§T??,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
`Minimum payment warning; It you make only the minimum
`payment for each period. you will pay more in interest and it will take
`you longer to pay ot'i your balances. For example;
`You will pay off
`If you make no additional
`And you will
`charges using this carol
`the balance shown end up paying an
`estimated total
`and each month you pay:
`on the statement
`°'i
`l“ 313°“:
`is years
`Only the minimurti patyrttertt
`8571 8
`For information regarding credit counseling services.
`call 1v800v284v1706.
`
`‘
`
`‘
`
`y
`
`EDetails ot your transactions
`TRANS DATE
`TRANSACTION DESCRIPTION/LOCATION
`
`06/17/2018
`06/1 7/2018
`
`Fees
`08/13/2018
`
`PROMOTIONAL TO REVOLVING
`PROMO FINANCE CHARGE ADJ
`
`LATE FEE
`Total fees charged for this period
`
`Interest charged
`Enterest charge on purchases
`Total interest for this period
`
`2018 totals year to date
`Total fees charged in 2018
`Total interest charged in 2018
`
`$232.00
`$418.10
`
`AMOUNT
`
`1.30200
`397.89
`
`88.00
`$38.00
`
`$404.37
`$404.37
`
`Elnterest chare calculation
`Your Annual Percentage Plate lAPFt) is the annual interest rate on your account. See BALANCE COMPUTATION METHOD
`on page 2 for more details.
`TYPE OF
`BALANCE
`Purchases
`Plan 41200001 DF INT LOW PMT
`
`APR
`29.990090 ivi
`29.990090 iv:
`
`BALANCESUBJECT
`To INTEREST RATE
`288.24
`1.27423
`
`INTEREST
`CHARGE
`8.98
`397.39
`
`EDetails of your plans
`412-00001 Promotional Transactions have ended during this billing period. These transactions are now included in your
`current balance and minimum payment due.
`PREVIOUS
`ORIGINAL
`PURCHASE
`PLAN
`BALANCE
`DATE
`1.30200
`06/18/2017
`
`PURCHASES
`& CHARGES
`397.39
`
`PAYMENTS
`& CREDITS
`1.899.39
`
`ACCRUED
`INTEREST
`NEW PLAN
`BALANCE THIS PERIOD
`0.00
`0.00
`
`TOTAL
`ACCRUED
`INTEREST
`0.00
`
`ORIGINAL
`PURCHASE
`AMOUNT
`1314.05
`
`PLAN
`EXPIRES
`08/17/2018
`
`E3“ é:
`
`A9?
`g
`Sm witty.
`g
`cum as D
`‘i'
`tzwtttztzzt arr/2st:
`
`YES‘
`I have moved or Updmed my
`e-métil address - see reverse.
`
`Accountweir —toati
`
`i
`
`i
`
`New balance
`$1,975.10
`99 4
`
`Mintrtiurr pdyrttent
`$183.00
`
`i
`
`Amount enclosed;
`
`Payrtterrt must reach us by
`6 pm ET on 07/1 3/2018.
`
`||l'tHtrlt"”"rlt’III'lt"lltii'l"titlI't'tllll'lii'till'lti'
`HOANot/EN T NGUYEN
`3t2 TUTTLE CREEK BLVD
`MANHATTAN KS 665025098
`
`Please make check payable to;
`COMENITY vZales Jewelers
`
`Please return this portion along With your payment to;
`PO BOX 659819
`SAN ANTONIO TX 78265-91 19
`
`It|tiIII't"tti'i'Iti't'llill't’iI‘Ilt"1i'titi'tl'llilillllll'tt
`
`
`
`Keep this portion f0! your lecmds.
`What To D0 If You Think You Find A Mistake 0n Your Statement
`Is an cum on your statement. wntr: to us at; (,‘wnrjmty
`It you think than:
`Capital Bank P0 Box 182620. Columbus. Uhlo 43218 2620. In your Irrttrri.
`give us the Iollowmg Intonnatlon:
`° Afton“! Informant)“; Your name and account numbei.
`° Hui/ear amuum’:
`Ihe dollai amount or the suspected enor.
`° BUSH/Lino“ of Prob/cm: It you think then: Is an enot on you; blll.
`descnbe what you believe Is wtong and why you bellow: It Is a mistake.
`You must Contact us wlthln 60 days after the (mot appeared on your
`statement. You must notlty us ot any potentlal enots In Minn}; You may
`call us, but II you do we ate no! tequlred to Investigate any potential errors
`and you may have to pay the amount In question. Wnile we investigate
`whether or rot there has beern an error
`the tollowlni: are true:
`We car not try to collect the amour t in questior, or report you as
`dellr quent or
`that amount.
`lhe charge in question may reriraln on your statement, and we may
`continue to charge you Interest on that amount. But,
`It we determine that
`we made a rirlstake, you will not have to pay the amount In questlon or
`any Interest or other tees related to that amount.
`WhIle you do not have to pay the amount in question, you are responsible
`tor the reriIaInder ot your balance.
`° We can apply any unpaid amount against your credit limit.
`Your Rights If You Are Dissatisfied With Your Credit Card Purchases
`It you are dlssatIstIed WIth the goods or sen/icessthat you have purchased
`WIth your credIt card and you have tried in good taith to correct the
`problem WIth the merchant. you may have the right not to pay the remaining
`Io use this right. all ot the tollowrng must be
`amount due on the purchase.
`true;
`lhe purchase must have been made In your home state or withIn 100
`1.
`mIIes ot your current mailIng address, and the purchase prIce must have
`been more than $50. (Note: NeIther ot these Is necessary It your purchase
`was based on an advertlsem*nt we mailed to you, or It we own the company
`that sold you the goods or services.)
`2. You must have used your credIt card tor the purchase. Purchases made
`WIth cash advances trom an f\| M or With a check that accesses your credit
`card account do not duaIIty.
`I3. You must not yet have tully paId tor the purchase.
`It all or the criterIa above are met and you are slIll dissatIstied with the
`purchase, contact us In writIngat; (,‘omenity Capital Bank PL! Box 182620,
`Columbus, Uhlo 451218 2620.
`WhIIe we Investigate. the same rules apply to the dIsputed amount as
`dIscussed above. [\tter we tInish our investigation. we Will
`te|| you our
`decIsIon. f\t that point. it we thInk you owe an amount and you do not pay
`we may report you as deIInduent.
`HOW TO AVOID PAYING INTEREST. Your due date Is at least 2:3 days atter
`the close ot each billing cycle. We Will not charge you Interest on purchases
`It you pay your entIre balance by the due date each month. We wIll begIn to
`charge Interest on new purchases made under a Low APR. Ldual Payment
`or Budget Payment ()redIt Plan trom the date ot purchase.
`PROMOTIONAL CREDIT PLAN TRANSACTION FEE. It you make a purchase
`under a proriIotIonal Credit Plan, we add a transactIon lee ot $9.95 per
`transactIon.
`BALANCE COMPUTATION METHOD. We calculate Interest separately Ior
`each type ot balance on your account using a “UaIly Balance" to determine
`Interest charges tor each bIlIIng period. We tIgure the Interest charge on
`your account by applying the periodIc rate to the “daIly balance" ot your
`account tor each day in the bIIlIng cycle. Ioget the "daily balance" we
`take the begInnIng balance ot your account each day. add any new
`purchases and tees. and subtract any payments or credits (treatIng any net
`credIt balance as a zero balance).
`lhIs gIves us the daily balance.
`
`CREDIT REPORTING. We may report Information about your account to
`credit bureaus. Late payments, missed payments, or other defaults on your
`account may be reflected in your credit report.
`NOTICE OF CREDIT REPORT DISPUTES
`ll you believe the account inIoriiiation we reported to a consumer reporting
`agency Is Inaccurate, you may submit a direct dispute to Corrienity Capital
`Bank PLI Box 182120, Columbus, Llhio 451218 2120. Your written dispute
`must prowde sutticient intorrriation to identity the account and specily
`why the Iiilormatioii Is Inaccurate.
`'Account Information. Your name and account number
`Contact Information: Your address and telephone number
`Disputed Information: Identity the account intonnation disputed and
`explain why you believe It Is inaccurate
`It available. prowde a copy ot the section ot
`Supporting Documentation:
`the credit report showing the account Intormation you are disputing
`We will Investigate the disputed Intormation and report the results to you
`Within (30 days ot receipt ot the intormation needed tor our investigation. It
`Wi3 tind that the account Intormation Wi3 reported is Inaccurate. Wi3 Will
`promptly proVide the necessary correction to each consumer reporting
`agency towhich we reported the intonnation.
`PAYMENTS MARKED "PAID IN FULL".
`/\|| Written communications
`regarding disputed amounts that include any check or other payment
`instrument marked with "payment in tull" or similar language. must be sent
`to: 3550 North Loop 1604 Last. Suite 101. San Antonio. IX /824/ 5004.
`DO NOT USE THE ENCLOSED REMITTANCE ENVELOPE.
`We may accept payment sent to any other address Without losing any ot
`our rights.
`No payment shall operate as an accord and satistaction Without prior
`Written approval.
`CUSTOM ER SERVICE. Visit comenitynet/zales or call 1-844—271-2708
`(TDDITTY 1-888-819-1918).
`TELEPHONE MONITORING.
`lo proVIde you With high duality sen/ice.
`phone coriiriiunication with us is riionitored and/or recorded.
`ADDITIONAL INFORMATION.
`Ine Iollowing designations, when appearing
`on the tront ot your statement. mean the tolIoWing; V means variable rate
`(this rate may vary): WV lNl PAY R0 means WAIVL IN l LRLSI. PAYMLNI
`RLQUIRLU; ‘I‘N |N| LQ PY means Wf\|VL IN ILRLSI. LQUAL Pf\YMLN I: WV
`|N| LUW PMI means WAIVL INILRLSI. LUW P/\YIVILN I; DI |N| PY RU
`means DLI LR IN ILRLSI. PAYMLNI RLQUIRLU; ULI
`lNl LQ PY means
`ULI LR INILRLSI. LQUAL Pf\YMLN I: DI |N| LOW PM| means ULI LR
`IN | LRLSI. LOW Pf\YMLN| and LOW [\PR LU PAY means LOW [\PR. LOU/\L
`PAYMLN l. It you have a variable rate account. your periodic rates may vary.
`You may pay al| ot your Account balance at any time Without penalty.
`inquiries to: CUSTOMER SERVICE, PO Box 183003, Columbus,
`Send all
`Ohio 43218-3003.
`Send all bankruptcy notices and related correspondence to Comenity
`Capital Bank, Bankruptcy Department, PO Box 183043, Columbus, Ohio
`432 18-3043.
`Si necesita ayuda en EspanoI, contactenos a nuestros centros de atencion
`1-844-271-2708 (TDD/TTY 1-888-819-1918).
`NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When you provide a
`check as payment. you authorize us either to use Intormation trom your
`check to make a one time electronic tund transter trom your account or to
`process the payment as a check transaction. When Wi3 use Intormation trom
`your check to make an electronic tund transter. tunds may be WithdraWn
`trom your account as soon as the same day We receive your payment. and
`you will not receive your check back trom your tinancial Institution.
`
`PAYM ENTS. Pay your Account by the payment due date by the time listed below. It we do not rec eive your payment In a correct tormat (outlined beIoW) it
`may not bec
`redited to your Account tor up to tive days, or may be re|ected. Also, your paymenrt musl reach us by the payment c utott time that applies to
`the payment method you se i|3c.t
`Correct Format. Correct tormat tor ditterent payment methods Include:
`Mailing or Overnight: Send a personal check, money order, traveler's check or cashier's check payable in 0.5. dollars, to the name and address shown on
`this Statement in the payment stub area containing your balance and minimum payment amount. Be sure to Include your payment stub. do not staple or
`clip your payment to the stub, Include your account number on your check, use the envelope provided with your Statement, send one payment with one
`payment stub and do not send any correspondence with your payment. You should overnight a payment to (35:10 North Loop 1b0/I Last. Suite 101. San
`IX /82/I/ 5004 and the additional tormat requirements are the same as other mailed payments unless there is a dispute. In which case you tollow
`Antonio.
`the Payments Marked "Paid In IuIl" section above. Do not send cash or gitt certiticates. Pay By Phone: You can caIl us toII tree at 1 8M 2/1 2/08
`llLJLJ/l IY 1 888 819 1918) to make a payment by telephone,
`which may include a tee. Online: You can make a payment online at comenity.net/zales.
`In-Store; You can make payments in store.
`Payment Cutoff Times. Payment cutott times/deadlines tor us to receive payments are by the due date on this Statement in the payment stub area at the
`Iollowing times: Mailing and Overnight: By 6:00 pm Lastern lime IL I); Pay By Phone: By 8:00 pm IL I); Online: By 8:00 pm IL I); and In-store: By the time
`the store closes at the location you make your payment.
`
`Title (optional)
`
`Last Name
`
`Street Address
`
`Apt. No.
`
`City
`
`Home Phone
`
`Emait Address
`
`New Information
`
`First Name
`
`Ml
`
`Soc. Sec, N0,
`
`RR
`
`State
`
`PO Box
`
`Zip Code,
`Work Phone
`
`Foreign Map Code _
`
`
`
`PAGE: 'o‘ Oi— 4
`
`Additional important messaes
`IMMEDIATE ATTENTION REQUIRED! Your Accounl is extremely pasl due and will be wrillen OII as a
`bad debl at the end of [his monlh, To avoid [his you can pay the Minim um amount shown on this
`statement before the end oI this month, EI you are not able to pay the Minim um Payment amount, we will
`still be able to assist you and prevent your account from being written oll, Call us at 1-855-617-8089
`(TDD/TTY l-888—819-f9f8) and we will find a suitable payment belore the end of this month, El written oll,
`the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
`appropriate steps, as permitted and available under applicable law, to protect our interests.
`
`Please be advised that if there are two or more Insurance Premiums listed this is because you
`are participating in more than one promotionaE plan. The total provided in the “Details of your
`transactions“ section correctly reflects the sum of your insurance premium based on the current
`outstanding balance.
`
`Fee of up to $1 5.00 wiEE be charged for expedited payments by phone.
`
`Please be advised that the Credit Card Agreement governing your account provides for a
`Returned Payment Fee of up to $38 if a check or other payment on your account is returned
`unpaid. While in the past this fee may have been waived at times this fee will be charged for
`payments returned on or after February 29, 2016.
`
`How can you lake charge against lD Theft? Visit idlheftgov lo find out.
`
`
`
`
`
`PAGES 4 OF 4
`PAGE 4 OF 4
`
`
`
`
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`Feb-06-2020 12:12:21 AM
`
`SCRA
`
`5.3
`
`SSN:
`
`Birth Date:
`
`XXX-XX-0516
`
`Last Name:
`
`NGUYEN
`
`First Name:
`
`HOANGYEN
`
`Middle Name:
`
`Status As Of:
`
`Feb-05-2020
`
`Certificate ID:
`
`TVJF5J5MQ67J9JH
`
`Active Duty Start Date
`
`Active Duty End Date
`
`NA
`
`NA
`
`Status
`
`No
`
`Service Component
`
`NA
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`On Active Duty On Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`NA
`
`NA
`
`Status
`
`No
`
`Service Component
`
`NA
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`NA
`
`NA
`
`Status
`
`No
`
`Service Component
`
`NA
`
`This response reflects whether the individual or his/her unit has received early notification to report for active duty
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
`
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`
`Department of Defense - Manpower Data Center
`
`400 Gigling Rd.
`
`Seaside, CA 93955
`
`
`
`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
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`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
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`individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
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`member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
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`protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
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`information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
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`was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
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`against you. See 50 USC App. ? 521(c).
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`This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
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`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
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`duty on the Active Duty Status Date.
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`More information on "Active Duty Status"
`Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less
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`than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
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`authorized by the President or the Secretary of Defense under 32 USC ? 502(f) for purposes of responding to a national emergency declared by the
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`President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
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`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
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`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
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`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
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`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
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`reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
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`Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1).
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`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
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`certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
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`Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
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`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
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`extend beyond the last dates of active duty.
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`Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
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`are protected
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`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
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`erroneous information will cause an erroneous certificate to be provided.
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