Legal Protections for America's Military: The Servicemembers Civil Relief Act

Active service members can take steps to reduce loan obligations,prevent court judgments, and avoid eviction and foreclosure.

A powerful federal law called the "Servicemembers Civil Relief Act" helps military servicemembers handle their legal affairs and reduce financial obligations while on active duty. The law aims to allow those in the military to serve without suffering financial or legal repercussions at home.

Below we discuss the following benefits provided by this law:

  • reduced interest rates on existing debts
  • special treatment for tenants regarding lease cancellations and evictions, and
  • protection from court actions, including foreclosures and repossessions.

Servicemembers Civil Relief Act: Applicability

The Servicemembers Civil Relief Act (SCRA) (50 U.S.C. § 3901 and following) applies to all full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps and Coast Guard), reservists on federal active duty, members of the National Guard on federal orders for a period of more than 30 days, and commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration (NOAA).

Reduced Interest Rates on Existing Debts

Under the SCRA, many active-duty personnel are entitled to a 6% interest rate cap on debts or financial obligations of any kind (except federal student loans that originated before August 14, 2008) during the period of military service. For mortgage loans, the coverage is the same period, plus one year. Interest over 6% per year is forgiven.

To be eligible for the reduced rate, you must have taken out the loan before you began active duty.

Special Treatment for Tenants

Many active duty servicemembers might also be able to terminate lease obligations and avoid eviction.

Cancellation of Residential or Commercial Leases

Tenants who enter active military service after signing a lease or rental agreement have a right to get out of their rental obligations. This is true for both residential and commercial (business) leases. You must hand deliver, send via private carrier, or mail written notice of your intent to terminate your tenancy, along with a copy of your orders, to the landlord or manager.

  • Month-to-month rental agreements. Once the notice is mailed or delivered to the landlord or manager, the tenancy will terminate 30 days after the day that rent is next due. This rule takes precedence over any longer notice periods that might be specified in your rental agreement or by state law. If state law or your agreement provides for shorter notice periods, the shorter notice periods will control.
  • Leases. Once the notice is mailed or delivered, the tenancy will terminate the last day of the month following the month in which the notice is delivered.

Delaying Eviction for Nonpayment of Rent

The SCRA requires courts to postpone (stay), for up to three months (90 days) or longer, some residential evictions for nonpayment of rent.

Which tenants are affected? The SCRA applies if your spouse, children, or other dependents occupy the rental unit during a period of military service. (A dependent is someone you've supported in the past 180 days, by paying more than half of that person's living expenses.)

Rental amount. The Act's protections apply when the rent is $3,991.90 (2020) per month or less. The figure is adjusted each year to account for inflation or cost of living increases.

The effect on an eviction lawsuit. The SCRA does not prevent a landlord from serving a termination notice for the nonpayment of rent. But a landlord who has filed suit must tell the court that the tenant is an active service person—so be sure to notify your landlord when you are activated. The judge will decide whether the service person's status in the military materially affects his or her ability to pay the rent. If the judge determines that it does, the judge may stay (postpone) the eviction. If the judge decides otherwise, the lawsuit will continue and could result in an eviction.

Court Judgments and Repossessions

The SCRA also protects active duty servicemembers from some court judgments and repossessions.

Delay of Civil Court Actions

The SCRA allows active service persons to ask for a stay of many kinds of civil actions in which the service person is a defendant. In addition, when calculating the statute of limitations—the time during which a person must bring a lawsuit, or lose the right to do so—the period of time that the person has been in the military is not counted.

If you've received notice of a civil proceeding, you can usually delay (the legal term is “stay”) the action for a period of time, not less than 90 days, so long as you meet certain criteria and if you request it from the court in writing.

Nonjudicial Foreclosure Prohibition

A lender may not foreclose on, seize, or sell the homes of military personnel during active duty or up to one year thereafter unless the foreclosure is pursuant to a court order or a waiver by the servicemember. To be eligible for this protection against foreclosure, you must have taken out the mortgage before you began active duty. (Learn more about foreclosure protections for members of the military who took out a mortgage before going on active duty or after going on active duty.)

In a judicial foreclosure, you can usually delay (the legal term is “stay”) the action for a period of time as justice and equity require, if you meet specific criteria and if you ask the court for the stay in writing.

Default Judgments

A default judgment occurs when you're sued and fail to respond to the suit, and the judge then rules against you.

Plaintiff must notify the judge that you're on active duty. Under the SCRA, a plaintiff (the person that brings a lawsuit) who seeks a default judgment against an absent active duty servicemember must notify the court that the service person is on active duty. If neither the servicemember nor his or her attorney appears in court, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed to represent a servicemember can't locate the servicemember, the actions by the attorney in the case don't waive any defense of the servicemember or otherwise bind the servicemember.

Once a court appoints an attorney to represent the servicemember, that attorney will often seek a stay of proceedings. If requested by the attorney (or upon the court's own motion), a court will grant a stay of proceedings for a minimum of 90 days if there might be a defense and the defense can't be presented without the servicemember’s presence, or after due diligence, the servicemember’s attorney has not been able to contact the servicemember or otherwise determine if a meritorious defense exists.

You might be able to reopen the case later. If a court enters a default judgment against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment must, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that the servicemember:

  • was materially affected by reason of that military service in making a defense to the action, and
  • has a meritorious or legal defense to the action or some part of it.

Repossessions

The SCRA prohibits repossessions performed without a court order—such as those done by merchants or "repo" specialists—of goods purchased by installment contract, like consumer items or cars, as long as the purchase was made before active duty began.

If you're on active duty, the merchant must get a court order before it can repossess an item. Once in court, an active-duty servicemember may apply for a stay of repossession proceedings. The judge will grant the stay if the service person's ability to pay the debt has been materially affected by entering active service, in the judge's view.

More State Protections

In addition to the federal law, many states have their own statutes that provide protections for servicemembers in certain legal situations.

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