July 14, 2009
In the Matter of the Petition
by
CARLOS BAKER
P.S. Docket No. DCA 09-158
APPEARANCE FOR PETITIONER:
Carlos
Baker
APPEARANCE FOR RESPONDENT:
Eric V. Thomas
Manager, Labor Relations
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
A Notice of Docketing of Petition was issued on April 27, 2009, which required an answer to be filed by Respondent, United States Postal Service, on or about May 12, 2009. Respondent did not comply. The Petition was based on a Notice of Involuntary Administrative Salary Offsets dated March 31, 2009, by which the Postal Service sought to offset $305.42 from Petitioner’s salary for a debt arising in 2004 that the Postal Service alleged is owed by Petitioner.
On May 26, 2009, an Order was issued noting that Respondent had not filed an answer. The Order directed Respondent to submit its answer or other appropriate pleading by June 10, 2009, and warned that failure to do so may result in the Petition being granted without further notice. Respondent did not comply.
On June 26, 2009, an Order to Show Cause was issued, again noting that Respondent had neither filed an answer nor responded to the May 26, 2009 Order. Respondent was ordered to file its answer or show cause why this Petition should not be granted due to Respondent’s default. Respondent was ordered to file its submission to ensure receipt by this office no later than July 8, 2009. Again, Respondent filed nothing.
By letter dated June 24, 2009, and received by this office on July 1, 2009, Petitioner submitted evidence demonstrating that the Postal Service has been offsetting the alleged debt at issue from his salary, notwithstanding this Petition.
While improperly offsetting this alleged debt against Petitioner’s salary notwithstanding the filing of this Petition, Respondent has ignored repeated Orders and has not filed a single document in this case. Accordingly, I find Respondent to be in default.
The Petition is granted. All money that has been offset against Petitioner’s salary must be returned immediately, and Respondent is prohibited from pursuing this alleged debt further.
Gary E. Shapiro
Administrative Judge