In the Matter of the Debt Collection Act Petition

DEREK SOLBERG v. UNITED STATES POSTAL SERVICE

P.S. Docket No. DCA 19-390

APPEARANCE FOR PETITIONER
Derek Solberg

APPEARANCE FOR RESPONDENT
Kenneth Glassburner
Labor Relations Specialist

DISMISSAL

On January 17, 2020, ¹ Mr. Solberg filed a Petition based on a November 20, 2019 notice from the Treasury Department that the Postal Service had referred a debt of $702.25 to it for collection. On February 3, 2020, the Postal Service filed an answer, stating that it was unable to locate a Notice of Involuntary Administrative Salary Offsets or identify a debt owed by Mr. Solberg to the Postal Service. Furthermore, due to “privacy issues,” the Treasury would not provide more information to the Labor Relations Specialist. The Postal Service’s answer also requested that the Petition be dismissed. After receiving the answer, my office tried to contact the parties to schedule a telephone conference to discuss further proceedings, but was unable to reach Mr. Solberg. On February 21, 2020, Mr. Solberg submitted four documents: a July 10, 2019 Invoice for $542.50 for overdrawn annual and/or sick leave; a February 4, 2020 Letter of Demand for the same alleged debt; a January 22, 2020 Invoice for $80.85 to recover taxes on the unpaid amount of $542.50; and a February 14, 2020 Letter of Demand for the alleged tax debt. The Letters of Demand were signed by the Postmaster, but not by Mr. Solberg. Mr. Solberg submitted the documents without any explanation.
On February 28, 2020, I issued an Order stating that Mr. Solberg must contact my office within five days and provide a telephone number at which he could be reached and times he was available for a telephone conference. Mr. Solberg did not respond.
On April 17, 2020, I issued another Order requiring Mr. Solberg to contact my office. He did not respond.
On May 29, 2020, I issued an Order to Show Cause requiring Mr. Solberg to either contact my office to arrange a time for a telephone conference or show cause why I should not deny the Petition. I warned Mr. Solberg that failure to respond may result in a decision denying the Petition. He did not respond.
After reviewing the record, I have determined that it would be more appropriate to grant the Postal Service’s request to dismiss the Petition, rather than to deny it. In its answer, the Postal Service said it was unable to identify or describe a debt owed by Mr. Solberg, and it was also unable to locate a Notice of Involuntary Administrative Salary Offsets related to the initial debt Mr. Solberg claims the Treasury was seeking to collect. These facts, coupled with Mr. Solberg’s failure to participate, means that there is no basis to proceed with a Petition under the Debt Collection Act.
Accordingly, the Petition is dismissed without prejudice.
In the future, if Mr. Solberg receives a Notice of Involuntary Administrative Salary Offset, he may exercise his rights as allowed by law. In the interim, the Postal Service may not take any collection activity related to the debts described in (1) the July 10, 2019 Invoice of $542.50 for overdrawn annual and/or sick leave or (2) the January 22, 2020 Invoice of $80.85 to recover taxes on the $542.50.

Diane M. Mego
Administrative Judge