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Disclaimer: The information contained herein is strictly provided as information
only. If you think that you have rights under the SCRA that may have been
violated, or that you are entitled to be shielded from a legal proceeding or
financial obligation by the SCRA protections, you should discuss the matter with a
legal assistance attorney or a civilian lawyer as soon as possible.
SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)
SYNOPSIS OF ACT
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SUMMARY
SCRA is a federal law that gives specific rights and legal protections to people in military
service—active-duty military personnel and reservists and guardsmen while in active-duty
service (Title 10 status). The act also applies to guardsmen called to active service for more than
30 consecutive days under Title 32 to respond to a national emergency declared by the
President and supported by federal funds. In limited situations, it also applies to dependents of
eligible personnel.
The act’s objectives are to (1) enable servicemembers to focus on their military duties without
the distractions of certain civil obligations and (2) allow temporary suspension of judicial and
administrative proceedings and transactions that may adversely affect their civil rights during
their military service.
SCRA protections are not automatic. Ordinarily, servicemembers must request them and, in
most cases, show that their military service has materially impaired their ability to meet their
civil obligations. Adversely affected parties, such as landlords and lenders, may seek relief in
court by proving otherwise.
SCRA covers such issues as interest rates, rental and lease agreements, eviction, mortgage
foreclosure, civil judicial proceedings, and income tax payments. Among other things, SCRA:
1. Allows servicemembers who are parties in civil lawsuits (such as paternity and child
custody suits) to request a stay if their military service precludes their attendance in
court;
2. Protects servicemembers on active-duty from default judgments if they fail to appear at
trial or respond to a lawsuit because of their military service;
3. Caps interest rates on “pre-service” debts at 6% for the duration of the servicemember’s
period of military service;
4. Prevents landlords from evicting servicemembers on active duty for nonpayment of
rents below a certain threshold, except by court order;
5. Allows servicemembers to unilaterally terminate pre-service lease contracts following
specified procedures;
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6. Prohibits sale of goods placed in storage either before a military service call or during a
period of active service for unpaid charges, except by court order;
7. Prohibits sellers from repossessing, reclaiming, or foreclosing on property that a
servicemember contracted to buy under a pre-service contract, except by court order;
8. Authorizes the court to stay proceedings or adjust obligations in the case of claims filed
to enforce mortgage or trust deed payments;
9. Protects a servicemember’s life insurance from lapse because of nonpayment of
premiums;
10. Provides for reinstatement of any health insurance in effect on the day before active
military service commenced, without waiting period and physical restrictions;
11. Allows servicemembers who have pre-service professional liability insurance policies to
suspend premiums and coverage during the period of military service;
12. Allows servicemembers on active duty to defer income tax payments for up to six
months after discharge if ability to pay is impaired by military service and clarifies other
tax issues;
13. Prohibits the use of personal assets to satisfy business obligations even though the
servicemember may be personally liable (50 USC App. § 596); and
14. Prohibits both creditors and insurers from pursuing adverse actions (e.g., notifying
credit agencies, denying credit, changing terms) against servicemembers solely because
they exercise SCRA rights (50 USC App. § 518).
The law includes criminal sanctions of up to one-year imprisonment for violations of certain
provisions, including those pertaining to eviction, lease termination, storage liens, installment
contracts, and mortgage foreclosures.
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SCRA’S PURPOSE AND SCOPE OF WORK (50 USC APP. §§ 501-596)
Congress enacted SCRA to (1), “provide for, strengthen, and expedite the national defense” by
extending certain protections to servicemembers to enable them to focus on their military
duties and (2) allow temporary suspension of judicial and administrative proceedings and
transactions that may adversely affect the civil rights of servicemembers during their military
service (50 USC App. § 502).
The law applies to (1) members of all branches of the Armed Forces on active duty under 10
USC § 101(d)(1) (including guardsmen and reservists) and (2) commissioned officers of the
Public Health Service or the National Oceanic and Atmospheric Administration in active service.
In the case of guardsmen, the law also includes calls to active service authorized by the
President or the defense secretary under 32 USC § 502(f) for more than 30 consecutive days to
respond to a national emergency declared by the President and supported by federal funds
(e.g., airport security provided by guardsmen in the wake of the September 11, 2001 terrorist
attacks) (50 USC App. § 511).
In limited cases (e.g., certain eviction actions), dependents are entitled to SCRA protections
available to servicemembers. A dependent is a spouse, child, or anyone for whom the
servicemember provided more than one-half of the person’s support for 180 days preceding an
SCRA application for relief (50 USC App. § 511). Dependents may also apply for
certain SCRA protections if their ability to comply is affected by the servicemember’s military
service. These include protections pertaining to evictions, installment contract terminations,
mortgage foreclosures, and lease terminations.
For full-time servicemembers, SCRA protections begin when they enter the service; for
reservists and guardsmen, they begin on the date the members are called to active duty.
Generally, protections end when the servicemember dies in or is released from active duty. But
in some cases, they may extend for up to 180 days after these events.
SCRA primarily addresses legal rights and financial obligations. It applies to both judicial and
administrative proceedings involving civil actions in any federal, state, or municipal court or
agency. It does not apply to criminal actions (50 USC App. §§ 511 & 512). A servicemember’s
legal representative may assert all of the servicemeber’s SCRA rights. A legal representative is
an attorney acting on a servicemember’s behalf or an individual possessing a power of attorney
(50 USC App. § 519).
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SCRA’S MAJOR PROVISIONS
General Relief
Stay of Proceedings. A party to a civil lawsuit (e.g., paternity or divorce suit) who cannot appear
at a judicial or administrative proceeding because of his military service may make a written
request for a stay or postponement at any stage before final judgment, if (1) he received notice
of the action or proceeding and (2) the action or proceeding was filed while he was in, or within
90 days after discharge from, military service. He must give a date when he can appear and
include a letter from his commander stating that his military duties preclude his appearance
and he is not entitled to military leave.
The court may, on its own motion, and must, if the servicemember asks, stay the action or
proceeding for at least 90 days unless, in its opinion, the servicemember’s ability to prosecute
or defend the action is not materially affected by his military service. A servicemember may
follow the same procedures outlined above to request additional stays based on continued
inability to attend because of material effect on military service. If the court denies an
additional stay, it must appoint an attorney to represent the servicemember. A servicemember
denied a stay may not seek protection against a default judgment resulting from not being
granted a stay.
The waiver applications do not constitute an appearance for jurisdictional purposes and do not
constitute a waiver of any substantive or procedural rights (50 USC App. § 522).
Stay of Execution of Judgments and Attachments. If a court determines that a
servicemember’s military service materially affects his ability to comply with a court order or
judgment, it may, on its own motion, and must, if the servicemember asks, (1) stay the
execution of any judgment or order entered against the member and (2) vacate or stay any
attachment or garnishment of property, money, or debts in the possession of the
servicemember or other third party, whether before or after judgment. The provision applies to
actions or proceedings filed before or while the servicemember is in military service or within
90 days after discharge from service (50 USC App. § 524).
Default Judgments. SCRA establishes requirements that courts must meet before entering a
default judgment. The plaintiff must give the court an affidavit stating either that (1) he cannot
determine if the defendant is in military service or (2) the defendant is not in military service. If
the defendant is in military service, the court must grant a stay for at least 90 days if it
determines that (1) there may be a defense to the action and it cannot be presented in the
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defendant’s absence or (2) after due diligence, the attorney could not contact the defendant or
otherwise determine if a meritorious defense exists.
If it appears that the defendant is in military service, the court must appoint an attorney to
represent him. If the court cannot determine if the defendant is in military service, it may
require the plaintiff to secure a bond to protect the defendant against harm, and it may issue
orders necessary to protect the defendant’s interest.
If a default judgment is entered against a servicemember in active-duty service, or within 60
days thereafter, SCRA allows him to reopen the judgment and set it aside. In order to set aside
the judgment, he must apply for relief within 90 days of termination or discharge from military
service and show that he was prejudiced by his absence and that he has good and legal
defenses to the claims against him (50 USC App. § 521).
Interest Rate Cap on Pre-Service Debts. When a servicemember’s military service materially
affects his ability to pay pre-service financial obligations, he may request an interest rate
reduction to six percent. Financial obligations include loan, mortgage, and credit card bills
incurred by the servicemember or the servicemember and spouse jointly. Interest includes
service and renewal charges, fees, and other charges (except bona fide insurance).
To get relief, the servicemember must give the creditor a written notice and copy of his military
orders not later than 180 days after discharge. Once notified, the lender must grant the relief
effective on the date the servicemember was called to military service. He must forgive any
interest above six percent and decrease the amount of periodic payment that the
servicemember must make.
The court may grant lenders relief if it finds that the servicemember’s ability to pay is not
materially affected by his military service (50 USC App. § 527).
Rent, Leases, Liens, Installment Contracts, Mortgages, Assignments
Rent and Evictions. The act prohibits evictions for nonpayment of rent, except by court order,
from premises rented by a serviceperson, if (1) the premises are occupied primarily as a
residence by the servicemember, his spouse or children, or other dependents; (2) the landlord
is attempting eviction when the serviceperson is in or has received a call to active duty service;
and (3) the monthly rent is below $2,465, as of 2004. (The act increases the rental limit annually
based on housing price adjustments.)
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Upon application for eviction or distress, the court may stay the proceedings for 90 days and
must do so, if a request is made on behalf of a servicemember whose ability to pay the agreed
rent is materially affected by military service. Otherwise, the court may, in the interest of
justice and equity, grant a longer or shorter stay or readjust the lease obligations to preserve
the interest of all the parties (50 USC App. § 531).
Property Lease Termination. The act allows servicemembers to unilaterally terminate pre-
service leases of premises occupied by them or their dependents for residential, professional,
business, agricultural, or similar uses. It also allows termination of leases by active-duty
servicemembers who subsequently receive orders for a permanent change of station or
deployment for a period of 90 days or more. The servicemember may break the lease by giving
notice at least 30 days before the next payment (50 USC App. § 535).
Motor Vehicle Lease Termination. The act allows servicemembers to unilaterally terminate
leases on motor vehicles used for personal or business transportation for themselves or their
dependents. They may terminate pre-service leases early if they receive active-duty orders for a
period of 180 days or more. They may terminate leases they enter into while in active-duty
service if they receive (1) permanent change of station orders to a location outside the
continental United States or (2) deployment orders for a period of 180 days or more. The lease
termination takes effect on the date the servicemember notifies the lessor in writing and
returns the vehicle (50 USC App. § 535).
Storage Liens. The act prohibits anyone from exercising any right to foreclosure or enforcing
any lien for storage of household goods, furniture, or personal effects of a person in military
service and for 90 days after, except by court order.
In any foreclosure proceeding, the court may, on its own motion, and must, if requested by a
servicemember whose ability to comply with the obligation is materially affected by military
service, stay the proceeding for as long as justice and equity require or adjust the obligation to
preserve the interests of all parties (50 USC App. § 537).
Installment Contracts. A servicemember may request SCRA protection for pre-service debts
incurred under installment contracts for purchase or lease of real property (including motor
vehicles) if he made at least one deposit or installment payment before entering military
service. The contract may not be rescinded or terminated for a breach of terms occurring
before or during the person’s military service, and the property cannot be repossessed without
a court order.
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To get the protection, the servicemember must prove that the military obligations have
materially affected his ability to pay the debts. The court may order repayment to the
servicemember of all or part of prior deposits as a condition of terminating the contract, stay
the proceedings for a period of time as, in the opinion of the court, justice and equity require,
or make any disposition equitable to preserve the interest of the parties (50 USC. App. § 532).
Mortgages. The act authorizes the court to stay proceedings or adjust obligations in the case of
claims filed to enforce mortgage or trust deed payments for up to 90 days after a
servicemember’s period of military service if military service has materially affected the
servicemember’s ability to comply with the obligation. It applies only to obligations on real or
personal property owned by a servicemember that originated before the period of the
servicemember’s military service and for which the
servicemember is still obligated when the property is secured by a mortgage, trust, deed, or
other security. The court may stay the proceedings for as long as justice and equity require or
adjust the obligations to preserve the interest of all parties (50 USC App. § 533).
Insurance
Life Insurance. SCRA protects a servicemember’s private life insurance policy from termination
or lapse for nonpayment of premiums for policies that were in force for 180 days or more
before the period of military service. Insurers may not decrease coverage or require additional
premiums (except for age-based premiums) because of the insured’s military service. Also, they
cannot limit coverage for activities that the servicemember must perform while in service.
Servicemembers may request deferment of premiums and other payments for the period of
military service and two years thereafter. If the Department of Veterans’ Affairs (VA) approves
the request, (1) the United States guarantees the payments, (2) the policy remains in effect,
and (3) the servicemember has two years after the period of military service to repay all
premiums and interest. SCRA will cover the greater of $250,000 or the maximum limit of the
Servicemembers Group Life Insurance, which is currently $250,000 (50 USC App. §§ 541).
Health Insurance. SCRA provides for the reinstatement of a servicemember’s health insurance
that was in effect on the day before military service commenced but was terminated during the
period of service. The servicemember must apply for reinstatement within 120 days after
termination or discharge from service.
Reinstatement is not subject to exclusions or a waiting period if the person has a medical
condition that arose before or during the period of service and (1) the exclusion or waiting
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period did not apply during coverage, and (2) the VA secretary has not determined that the
medical condition is a disability incurred or aggravated by military service. Reinstatement does
not apply to servicemembers entitled to participate in employer-offered insurance (50 USC
App. § 594).
Professional Liability Insurance. The act allows a servicemember with a pre-service
professional liability insurance policy to suspend premiums and coverage during military
service. It requires suspension of all claims brought during the period of military service against
a servicemember who has availed himself of this protection. The act also
mandates (1) refunds of any premium paid by the servicemember while he is active duty and
(2) reinstatement of the insurance at the conclusion of military service at the premium rate that
would have existed had the member not entered military service (50 USC App. § 593).
Taxes
Deferral. The act allows servicemembers to defer income tax payments, without interest or
penalty, on the income that is due before or during military service for up to 180 days after
termination of or release from military service. Servicemembers who want this relief must
contact the Internal Revenue Service or their state tax authority (50 USC App. § 570).
Tax Clarification. SCRA provides that a nonresident servicemember's military income and
personal property are not subject to state taxation if the servicemember is present in the state
solely because of military orders. It also prohibits states from using the military pay of these
nonresident servicemembers to increase the state income tax of the spouse or servicemember
(50 USC App. § 571).
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