Air Force

July 11, 2013

Servicemembers Civil Relief Act: What you need to know

Airman 1st Class Victoria Gelinas
412th Test Wing Judge Advocate Office

EDWARDS AIR FORCE BASE, Calif. – The Servicemembers Civil Relief Act protects persons serving on active duty from adverse consequences to their legal rights that may result from their service.

Some SCRA protections apply to reservists and guardsmen called to serve on active duty. Other protections apply to members who have always been on active duty, and some protections also apply to military dependents.

Some SCRA provisions of interest

Rental leases: Airman are protected under SCRA when it comes to terminating a contract, such as a lease. With real estate leases, a member can terminate leases and rental agreements that the member had signed prior to or obtained during active duty. If pre-service, the member may terminate any time after entry into service. If leased during service, the member may terminate at any time after permanent change of station orders or deployment orders greater than 90 days.

Evictions: During a period of military service, a service member and his/her dependent spouse, children, and other dependents may not be evicted without a court order from their primary leased residence as long as their rent does not exceed a certain amount per month. Further, if the member meets certain qualifications, the member can request a stay of eviction.

Stay of Proceedings: Another protection under SCRA is for court and administrative proceedings. SCRA provides for a stay of at least 90 days upon a proper request from the member in civil administrative and civil matters. The member who is unable to appear in court on the date required because of active military service must request this protection in writing and include certain information with the request.

Default Judgments: A member may request the court to re-open a matter and set-aside a default judgment if the judgment was entered against the member during the member’s active duty period, or within 60 days after the member’s release from active military duty.

Tax Interest Rate: Another great thing the SCRA does for you is if you have a high interest rate that you obtained before active service; SCRA reduces that percentage down to six percent. In addition, the SCRA prohibits the lender from accelerating the principal amount owed, and forgives the excess interest payments that would have been due under the higher interest rate so that the member is not liable for the excess after he or she is released from active service.

SCRA is not an automatic process; it requires the member to request the protection in a timely manner. For certain SCRA protections, the member also may have to show that the active military service materially affects the member’s ability to pay.

A servicemember may waive any SCRA rights and protections. Waivers of certain SCRA rights or protections require a written waiver that meets the applicable requirements of the SCRA.




All of this week's top headlines to your email every Friday.


 
 

 

AF to implement TDY policy changes

JOINT BASE PEARL HARBOR-HICKAM, Hawaii (AFNS) — Recently, the Air Force started implementing two temporary duty policy changes that will impact travel reimbursements for Airmen. The first change, which took effect Oct. 1, made changes to the Joint Travel Regulations, Reimbursable and Incidental Expense Policy. The second will be a change in long-term TDY per...
 
 
(U.S. Air National Guard photo taken by Staff Sgt. Gregory Ferreira)

One big (really big) family portrait at the 162nd Wing

What family doesn’t have a portrait? In what was arguably the greatest collection of Arizona military talent assembled in recent memory, 162nd Wing members – nearly 1,300 of them – converged at the Tucson Internat...
 
 
(U.S. Air Force photo/Lorenz Crespo)

Pedro 66 survivor defines resiliency

COLORADO SPRINGS, Colo. (AFNS) — When the combat rescue helicopter Pedro 66 was brought down by enemy fire June 9, 2010, in Afghanistan, retired Master Sgt. Christopher Aguilera thought his life was over, literally. “I ...
 

 

AF releases criteria for new service medal

WASHINGTON (AFNS)  – Air Force officials released nomination criteria for the new Nuclear Deterrence Operations Service Medal, following Secretary of the Air Force Deborah Lee James’ May 27, authorization. The medal will be awarded to individuals for their direct support of nuclear deterrence operations. “This service medal provides a clearly visible way to recognize the dedication...
 
 
(Courtesy Photo)

Airman uses LEAP experience to enhance AFSOUTH mission

The U.S. Air Force is made up of a diversely talented group of people whose personal skill sets often enhance their careers; one Davis-Monthan Airman is using his language and culture skills to support a unique Air Forces South...
 
 
Combatives_pict5

Security Forces combatives training

Members from the 355th Security Forces Squadron participated in a combatives class at Davis-Monthan, Sept. 25. The class was intended to create resilient and confident Airmen while adding an additional tool to the SF personnel...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin