SOLDIERS’ AND SAILORS’ CIVIL RELIEF ACT

Few people understand the specifics of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), a federal statute passed by Congress to allow military members to suspend or postpone some civil obligations so that the military member can devote his or her full attention to military duties. The SSCRA is designed to protect active duty military members, reservists who are in active federal service, and National Guardsmen who are in active federal service. At times, some of the benefits extend to dependents of active duty military members as well.

If qualified, the SSCRA can provide many forms of relief to those able to explain how their military service affects their lives and finances and show a loss of income because of military duty. Below are the most common forms of relief, please note, each have their own qualifications.

• 6% CAP ON INTEREST RATES: Pertains to all obligations entered into before beginning active duty. This can include interest rates on credit cards, mortgages, and even some student loans (except Federal guaranteed), to name a few.
• STAY OF PROCEEDINGS: If you are served with a complaint indicating that you are being sued for some reason, you can obtain a “stay” or postponement of those proceedings.
• DEFAULT JUDGEMENTS: A default judgment is entered against a party who has failed to defend against a legal claim that has been brought by another party. The are several steps to obtaining this relief, nonetheless, you must be able to show that your military service prejudiced your ability to defend your case and that you have a valid defense to the action.
• PROTECTION FROM EVICTION: If you are leasing a house or apartment, you can be protected from being evicted for a period of time, usually three months.
• TERMINATION OF PRE-SERVICE LEASES: Allows military members who are just entering active duty service to lawfully terminate a lease without repercussions.
• MORTGAGES: The SSCRA can also provide temporary relief from paying your mortgage if you meet certain requirements, such as entering a mortgage prior to beginning active duty.
  

While many of the Act’s provisions are automatic, others, particularly those involving debt payments, are not. To learn more about these and other provision’s under the SSCRA, contact your unit or installation legal assistance office. You can also find more information on the web, this provides a detailed description of the act including a brief history of its origin during World War I.

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