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.


 
 

 

The new fight: Writing cyber into the science of war

Every year, the Aspen Security Forum brings together the top minds in defense, intelligence and homeland security. This year, more than ever, the conversation is turning to cybersecurity – protecting computer networks and everything attached to them. Cyber is constantly changing the way conflicts and combat unfold. Here, former U.S. Navy Rear Adm. William Leigher offers insights...
 
 
(U.S. Air Force photo/Osakabe Yasuo)

Need help? Trust your ‘Shirt’

LUKE AIR FORCE BASE, Arizona — When young Airmen need help or are looking for guidance, a good place to start is with a senior NCO. Making it into the top 3 percent in the U.S. Air Force is a major accomplishment. Alt...
 
 

Local Briefs July 31, 2015

Sunset Horseback Ride August 8, 4 – 8 p.m. – Outdoor Rec Saddle up and enjoy a 2-hour sunset horseback ride through the Saguaro National Park.. Final deadline for sign-ups is July 31. Minimum age: 18. Cost of $25/person. Call 228-3736 for more information. White water rafting and camping Aug. 20 – 24 – Grand...
 

 
(Courtesy Photo)

A Q&A with Master Sgt. Jaime Lewis

The men and women of the 12th Air Force (Air Forces Southern) welcomed a new First Sgt. in May. Master Sgt. Jaime M. Lewis, began his career in 2000 as an Aerial Porter, where he performed duties such as passenger services, car...
 
 
(U.S. Air Force photo/ Master Sgt. Jeffrey Allen)

Relationship building by means of the F-16

  America’s stars and stripes and Arizona’s lone copper star always wave proudly at the Arizona Air National Guard’s 162nd Wing. But it’s the adjacent flags of coalition-partners – from the pacific island-nat...
 
 

Military life: Separated, but not alone

  MOUNTAIN HOME AIR FORCE BASE, Idaho — As the dawn broke out over the mountains, I woke up to the sun peeping through my window. Once I got up I went straight to the kitchen to make my family breakfast yet in the back of my mind, all I could think about is how am I...
 




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=""> <s> <strike> <strong>