Servicemembers Civil Relief Act provides legal protection to military Published May 19, 2006 By Capt. Sharoiha Kanehailua 20th Fighter Wing Legal Office SHAW AIR FORCE BASE, S.C. -- Deploying? PCSing? Pre-active duty debt? The Servicemembers Civil Relief Act provides numerous protections and benefits for active duty service members. The SCRA applies to all military members on federal active duty. This includes the regular active duty forces, activated reserve guard forces in Title 10 status. In limited circumstances, the SCRA may apply to dependents of the military member. The SCRA applies in all 50 states and territories subject to U.S. jurisdiction. SCRA protections generally begin the first date of the active duty period and may extend from 30 days up to 180 days after the member is released from active duty. Some of the most significant protections include: Right to terminate residential leases Personnel may terminate a lease for a house entered into before being called to active duty, after receiving PCS orders, or when deploying with a military unit for 90 days or more. Certain notice requirements apply. Protection against eviction A member who enters a lease for $2,400 or less a month cannot be evicted without a court order. Upon application by a landlord for an eviction, the court shall, if a request is made by or on behalf of a service member whose ability to pay the rent is materially affected by their service, delay the proceedings for up to 90 days, unless, in the court’s opinion, justice requires a longer or shorter period of time. Protection against foreclosure and repossession If, due to active military service, a member breaches the terms of a purchase contract for real property or an automobile, the property may not be foreclosed or repossessed without a court order. Right to terminate an automobile lease You may terminate an auto lease that was entered before being called to active duty for a period of 180 or more days, receiving orders for a permanent change of duty station outside the U.S., or when deploying with a military unit for 180 days or more. Certain notice requirements and return of the vehicle required. Civil and administrative actions For administrative and civil legal matters, the SCRA provides for an automatic delay of at least 90 days upon a proper request from the member. In addition, 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 duty. Six percent interest cap The SCRA may give you a six percent maximum interest rate on certain pre-active duty debts. 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. Keep in mind that many SCRA protections are not automatic and require a timely request be made for the protection. For certain SCRA protections, the member may also have to show that the active military service materially affected the member’s ability to pay. Personnel should not sit on their rights and allow themselves or their family to be affected by actions that are addressed under the SCRA. For assistance on SCRA matters, consult with a legal assistance attorney at the Shaw Legal Office. Walk-in hours are Mondays and Fridays from 8 to 9 a.m. and Wednesdays from 1 to 2 p.m.