The SCRA: A Law that Can Help You While Deployed…and the Prohibition on Soliciting Gifts
The Servicemembers Civil Relief Act (SCRA) offers protections for deployed servicemembers and their families. Some of the protections include but are not limited to: a stay of court proceedings, reopening default judgments, suspension of statutes of limitations, a six percent interest cap on certain pre-service debts, lease termination, and protection from foreclosure or repossession. This article will focus on some of the protections most likely to apply to a servicemember once they are deployed. All of the protections depend on individual circumstances of a particular case, but the SCRA generally covers servicemembers once they enter active duty and National Guard or Reserve servicemembers upon receipt of an order to active duty. Most of the protections end on the date of release from active duty.
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institutions have offered to provide protections or relief that is beyond what is required by the SCRA, such as lowering interest rates on debts entered into after entry into active duty service. It never hurts to inquire with your ?nancial institution or lender. Similar bene?ts include those that allow servicemembers to terminate residential leases, car leases, and other contracts due to changes caused by military service. While Congress passed the SCRA to make life easier on servicemembers and their families, there are certain things that servicemembers should be careful to avoid. Those who volunteer to serve our nation make many sacri?ces and deserve to seek all of the legal and legitimate bene?ts offered for that service.
It is, however, never acceptable for servicemembers to solicit gifts from individuals or non-Federal entities, The SCRA allows servicemembers to request a stay like private companies, because of their service. When of civil court and administrative proceedings if they a servicemember uses a deployment or other aspects of provide the court with written notice. The request must service to ask for freebies it is considered a solicitation demonstrate that service on active duty makes them that is strictly prohibited by Department of Defense unavailable to participate in the proceedings and duty policy. However, it is generally acceptable to be on the “materially effects” or prejudices their ability to be list of a group that assembles care packages and sends part of the process. This protection does not apply to them to servicemembers. The ethical rules on gifts are criminal court proceedings. dif?cult to navigate, so when in doubt avoid soliciting gifts or ask a Judge Advocate. If a servicemember does not participate in a court proceeding and a default judgment is entered in their As always, if you have questions about the SCRA absence, it may be possible to have the court reopen a or other legal matters you should contact the Legal default judgment. Like most of the SCRA’s protections, Assistance Of?ce to make an appointment. The LAO is this protection is time sensitive. A servicemember located in Admin Alley, Building 1330C, Room 3N. If who learns of a default judgment or any pending legal you are seeking assistance with something other than a actions should contact legal assistance right away. notarization or power of attorney, please call 781-4575 to make an appointment. Perhaps the most widely applicable protection of the SCRA is the interest rate cap of si