Servicemembers Civil Relief Act Published July 7, 2009 By Capt. Sara Tasker 354th Fighter Wing Judge Advocate EIELSON AIR FORCE BASE, Alaska -- The Servicemembers Civil Relief Act is a law that offers military members a wide range of safety measures to "protect those who have been obliged to drop their own affairs to take up the burdens of the nation." The protections vary from interest rates on loan repayments and credit card debt to minimizing penalties for early termination of cell phone contracts. SCRA extends to all courts, and provides military members protections not offered to the general civilian population. It is a powerful law that can offset some of the hardships that come with military service. Civil Proceedings One purpose of SCRA is to ensure that servicemembers don't lose the chance to have their say in court because of their military service. Under SCRA an active duty member who can't be at a civil proceeding because of their military service can request that the court wait until they are available. SCRA requires the court to do nothing for a minimum of 90 days. For example, a servicemember who cannot attend a child custody hearing because they are deployed overseas has to be given at least 90 days before the proceeding can continue. If 90 days isn't long enough, the servicemember can also ask the court to wait longer and the court has to either grant the extension or appoint an attorney for the member. SCRA can also help active duty personnel who never knew they were supposed to be in court. Before a decision can be made in a case where one party doesn't show up, the person taking them to court has to tell the judge whether or not the missing party is in the military. If they are the court must appoint an attorney to represent them, even if the member fails to appear in court. The servicemember can also request that the decision be set aside and that they be allowed to tell the court their side before a new decision is made. Evictions A second aim of SCRA is to enable servicemembers to devote their full focus to their mission. Under SCRA, a landlord cannot evict a member or their dependents while the member is on active duty if the monthly rent is less than $2932.00 without a court order. SCRA also protects Guard and Reserve members whose ability to pay rent is materially affected by their military service. For example, a Reserve member called to active duty may request the court grant them a 90 day stay in eviction proceedings if the resulting drop in salary makes paying the rent a little too challenging. Debts and Interest Another area SCRA extends to is debts incurred by a member before entering service. While on active duty a member's interest rate on debt repayment may not exceed six percent annually if the member's ability to pay a higher interest rate is materially affected by military service. This provision can be invoked any time during active duty, and up to 180 days after release or termination. It does not matter when during active duty a member seeks to have their interest rate reduced. The creditor must treat the request as though it was made on the date which the member initially began service. Contracts SCRA has very liberal protections concerning contracts which apply to mortgages as well. One of these protections is that for a debt that was incurred before the member's entry into military service which is secured by a mortgage or trust deed, SCRA requires that a creditor have a court order before they can sell, foreclose, or seize the member's property. In addition, SCRA also provides protection for early termination of contracts. Under SCRA, a lease or rental contract can be terminated without penalty if the member receives PCS or deployment orders after the lease is signed. A similar provision applies to leases of motor vehicles. Where PCS or deployment calls for a change in location between CONUS and overseas locations, a member may terminate the vehicle's lease without penalty. This same protection even extends to contracts for cellular phone plans. A cellular phone plan can be cancelled or suspended without penalty if a member has deployment or PCS orders that take them outside of the service area. Conclusion The Legal Office can assist you in determining your eligibility for these and other protections offered under SCRA, and help you submit the necessary paperwork. Walk-in legal assistance is available Monday from 1 to 2 p.m., and Wednesday from 10 to 11 a.m., or you can make an appointment by calling 907-377-4114/DSN 377-4114. The legal office is located on the 3rd floor of Amber Hall.