Servicemember's Civil Relief Act

Servicemember’s Civil Relief Act
(Previously the Soldier’s and Sailor’s Civil Relief Act)

Congress has passed an important law to protect service members who are away on active duty.

Who’s Protected?

All Military Personnel in an Active Duty Status

Reservists and National Guard (while in Active Duty Status - NOT IDT and NOT AT)

Dependents of Service Member have the some protections as the Service Member

When does it start?

Active Duty: from date of entering active service until date of discharge

Inductees: from date of receipt of notice of induction

Reserve Components: from date of receipt of orders to active duty (voluntary or involuntary)

When does it end?

Ordinary: at the end of Federal Service

Misconduct:AWOL or Court Martial

Upon knowingly signing a Waiver:
this is a Service Member’s option
the waiver must be in writing
and must be executed after the effective date of SCRA coverage (after you go on Active Duty)
It mus be a separate document from the original document of obligation.

What is the Basic Protection?

All loan obligation, i.e. credit card and mortgages will receive a 6% Interest Cap.

Stays of Court Proceedings, if the servicemember or dependant can show that the military duty would impact on the ability to defend the case.

Default Judgment Protection: No default judgment can be issued. If one is, then the servicemember can have the case reopened.

Statutes of Limitations Protections: The statute of limitations to commence an action is suspended.