The brave men and women serving in our military put their lives on the line to defend our country. However, their service can take a significant toll on their personal and financial lives. That’s where the Servicemembers Civil Relief Act (SCRA) comes into play. In this article, we’ll explore the essential protections provided by the SCRA to the servicemembers and their families.
Section 1: What is the Servicemembers Civil Relief Act?
The SCRA is a federal law that provides legal protections and relief to active duty service members who face civil litigation, financial and property-related obligations, and other legal matters. The primary purpose of the SCRA is to allow servicemembers to serve their country without worrying about legal matters back home.
The law was first introduced in 1918 as the War-Time Suspension of Limitation Act, and since then, it has gone through various amendments to widen the scope of protection. Some of the key provisions include forbearance on non-mortgage debts, an interest rate cap of 6% on pre-service debts, and protection against default judgments.
Section 2: Who is eligible for SCRA benefits?
All active-duty servicemembers from any branch of the US military are eligible for SCRA benefits. Additionally, US ally military forces serving in war or military campaigns, reservists with orders but not yet on active duty, and inductees before active duty are also eligible for SCRA protections.
Section 3: SCRA and financial obligations
SCRA provides many financial protections to servicemembers, including mortgage loans, credit cards, auto loans, and other consumer debts incurred before military service. SCRA benefits can also include forbearance and interest limit options on pre-service loans. Congress recently amended the SCRA to prevent servicemembers from suffering credit damage caused by lapses in payments during deployment.
If you’re facing financial challenges, the first step to take is to notify your lender or creditor that you’re a servicemember entitled to SCRA benefits. It’s essential to provide them with a copy of your military orders, and in most cases, the lender will be required to lower your interest rate to 6% or suspend your payments altogether.
Section 4: SCRA and legal proceedings
The SCRA provides protections against civil proceedings, including default judgments and eviction for nonpayment of rent. Under the SCRA, a judge can postpone court proceedings if it would materially affect the servicemember’s rights while on active duty or within 90 days of completing it.
In invoking your SCRA protections within a legal proceeding, you may need to provide the court with a formal request in writing, and it’s always advisable to do so with legal assistance. Servicemembers can get legal advice and guidance from their military legal assistance office or one of the private organizations offering pro bono legal assistance.
Conclusion:
In conclusion, the Servicemembers Civil Relief Act is an essential tool that provides essential protections to our brave servicemembers and their families. SCRA benefits provide relief to servicemembers facing financial and legal challenges when they have to be away from home and family, providing relief in times of stress. By understanding SCRA provisions’ ins and outs, servicemembers can protect themselves from legal and financial challenges while serving our nation. We owe it as a country to ensure our servicemembers have everything they need to perform their duty effectively, including SCRA protection.
