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.


 
 

 

Air Force Enlisted Village: Not just a place to live, a place to call home

I first visited the Air Force Enlisted Village as a young first sergeant in 2009, when I was stationed at Tyndall Air Force Base, Florida. I went to visit with the Tyndall Active Airmen’s Association, Tyndall’s E-1 to E-4 Professional Association, and was amazed at what I saw. This was also the first time I...
 
 

Enlisted evaluation and promotion systems implementation timeline

WASHINGTON (AFNS) — In July, the chief of staff and chief master sergeant of the Air Force announced a series of incremental changes to the Enlisted Evaluation and Weighted Airman Promotion Systems scheduled for implementation from August 2014 through January 2017. The evaluation and promotion systems changes are slated for implementation in a phased manner...
 
 
AFBirthday

67 plus years of airpower

DOVER AIR FORCE BASE, Del. (AFNS) — What does the Air Force want for its 67th birthday; new state of the art fighter jets, more unmanned aircraft, new maintenance facilities or how about additional satellites to launch in...
 

 

Tuition assistance program changes Oct. 1

LUKE AIR FORCE BASE, Ariz. — Effective Oct. 1, new changes will go into effect that impact the Air Force Tuition Assistance Program. Personnel using the TA program will now be required to pass all undergraduate courses with a grade of “C” or higher. A grade of “D” will be considered a failing grade and...
 
 

Air Force revamps AEF

WASHINGTON (AFNS) — The Air Force will deploy Agile Combat Support Airmen under its redesigned air expeditionary force construct October 1. The primary purpose of the redesign was to look at ways to deploy more ACS Airmen with their units and standardize dwell times across the Air Force as much as possible to present a...
 
 

Air Force reveals newest recruiting campaign

JOINT BASE SAN ANTONIO-RANDOLPH, Texas  — The U.S. Air Force is bringing back its “Aim High” advertising slogan after a 15-year hiatus with the launch of the “I am an American Airman” recruiting campaign today. The integrated campaign, created by the Air Force’s advertising agency, GSD&M, includes three commercial spots as well as new video...
 




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