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The Servicemembers Civil Relief Act (SCRA) is a federal law designed to provide active-duty military members with various legal protections while they serve their country. These protections are meant to alleviate the burden of certain financial, legal, and contractual obligations that might otherwise interfere with their military service. In this article, we'll take a closer look at the SCRA and the benefits it offers military members.
Understanding the SCRA
The SCRA was initially enacted in 1940 as the Soldiers' and Sailors' Civil Relief Act, and it has been updated several times since then. Its current form is designed to help active-duty military members by providing them with a wide range of legal protections. The protections offered by the SCRA apply to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, as well as members of the National Guard who are called to active duty for more than 30 consecutive days.
Benefits of the SCRA
The SCRA provides active-duty military members with several essential legal protections, including:
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Stay of Proceedings - This protection allows military members to postpone certain legal proceedings, such as foreclosure or bankruptcy, while they are on active duty.
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Termination of Leases - If a military member receives orders for a permanent change of station or is deployed for more than 90 days, they have the right to terminate a lease on their primary residence without penalty.
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Interest Rate Reductions - The SCRA limits the interest rates that can be charged on loans, credit cards, and mortgages for active-duty military members to 6% per year.
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Protection Against Eviction - Military members cannot be evicted from their primary residence while on active duty without a court order.
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Suspension of Cell Phone and Cable Contracts - Military members can suspend or terminate their cell phone or cable contracts without penalty if they are deployed for more than 90 days.
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Protection Against Default Judgments - Military members who are unable to appear in court due to their military service can have default judgments against them set aside.
Eligibility for SCRA Protection
To be eligible for SCRA protections, military members must be on active duty, and their military service must materially affect their ability to comply with a legal obligation. For example, if a military member is deployed overseas and is unable to make their mortgage payments, they may be eligible for an interest rate reduction under the SCRA.
Conclusion
The SCRA is a valuable legal tool that provides active-duty military members with a variety of protections. From reducing interest rates to postponing legal proceedings, the SCRA helps alleviate the burden of certain financial and contractual obligations that might otherwise interfere with military service. If you are an active-duty military member, it's essential to understand your rights under the SCRA and take advantage of the protections it provides.
