Air Force

July 12, 2013

Servicemembers Civil Relief Act: What you need to know

Airman 1st Class Victoria Gelinas
412th TW Judge Advocate Office

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 service member 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. You can find a pamphlet with more information about the Service-Members Civil Relief Act and what if can do for you in the Edwards AFB legal office.

If you have any questions on the SCRA process, talk to one of our attorneys during the legal assistance hour ñ 10-11 a.m., Mondays, Wednesdays and Fridays; and 3-4 p.m., Tuesdays and Thursdays.




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


 
 

 

AFPC has expanded voluntary FM program waiver authority

The Air Force Personnel Center has been granted expanded waiver authority to waive some active duty service commitments for Airmen interested in voluntary separation under the fiscal year 2014 force management program, AFPC officials announced April 3. For example, we now have the authority to waive aviation retention pay (which requires recoupment of the unserved...
 
 

Air Force updates officer, enlisted voluntary force management eligibility lists*

Select Airmen in specific categories who were not formerly eligible for fiscal year 2014 force management voluntary separation are now being offered voluntary separation. These individuals will not be subject to involuntary programs in fiscal year 2014. Officers from 33 Air Force specialty codes by year group and enlisted Airmen from seven AFSCs by grade...
 
 

April 8 – Pulse on Air Force force management

A limited number of Airmen who received notice that their previously approved applications for early retirement had been declined will be given the option to retire if they still desire to do so, officials announced April 8. “We are aware that some Airmen received erroneous (temporary early retirement authority) approvals and were subsequently notified of...
 

 

AF updates officer, enlisted voluntary force management eligibility lists

Select Airmen in specific categories who were not formerly eligible for fiscal year 2014 force management voluntary separation are now being offered voluntary separation. These individuals will not be subject to involuntary programs in fiscal year 2014. Officers from 33 Air Force specialty codes by year group and enlisted Airmen from seven AFSCs by grade...
 
 
Air Force photograph

April 14 marks anniversary of Space Shuttle Columbia’s first landing

Air Force photograph Space Shuttle Columbia lands April 14, 1981 on Rogers Dry Lake Bed at Edwards AFB. Monday marks 33 years since the first re-usable space vehicle successfully returned to Earth on the wings of an aircraft. T...
 
 

Airmen do’s, don’ts regarding political activities

Many Airmen face one question every four years or so, “How politically active can I be? This article provides a brief description of the limitations applicable to service members when it comes to political activity. The political activities of service members are governed by DOD Directive 1344.10, and Airmen in particular are subject to the...
 




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>