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.


 
 

 
af-band

Air Force Band of the Golden West

  Travis Brass, the multi-talented brass group of the U.S. Air Force Band of the Golden West will be performing in the area Sept. 5-7. Sept. 5, the group will be at the Santa Clarita Performing Arts Center, 26455 Rockwell ...
 
 

Eat right, save money on ‘Salad Wednesdays’ at Exchange restaurants

Army & Air Force Exchange Service restaurants are helping Soldiers, Airmen and their families eat healthy while saving money with “Salad Wednesdays.” Every Wednesday, guests can take $2 off any salad priced $4 or more at participating Exchange direct-operated restaurants. “Salad Wednesdays” are part of the Exchange’s Operation BEFIT initiative, designed to pro...
 
 

Changes to academic degree, developmental education expectations

Air Force officials announced actions designed to set clear expectations, restore Airmen’s time and refocus officer promotions on job performance. The Air Force has addressed long-standing perceptions that to be promoted, officers must complete an advanced academic degree, and those officers selected by a promotion board to attend developmental education in-residence, are expected to firs...
 

 

Service members receiving RAND Military Workplace Survey

About 580,000 service members have begun receiving e-mails or letters inviting them to participate in the first RAND Military Workplace Study, Defense Department officials said. Active and reserve component members in all military branches and the Coast Guard are being invited to participate. “The survey is unprecedented in its scale and will influence policies that...
 
 
Air Force photograph

C-130 Hercules still going strong at 60

Air Force photograph The C-130H Hercules dons the new eight-blade NP-2000 propellers. The 418th Flight Test Squadron replaced the C-130H Hercules’ four-bladed propellers with the eight-bladed propellers in 2008 in support...
 
 
Air Force photograph by Rebecca Amber

New AF Inspection System changes inspection culture

Air Force photograph by Rebecca Amber Kimberly Strong, 412th Test Wing Inspector General Wing Inspection Team lead, works in the new Management Inspection Communication Tool. Strong is instrumental in organizing Wing Inspection...
 




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>