Servicemembers Civil Relief Act (SCRA)
- 6% interest cap - limits interest rates on pre-service debts while on active duty
- Court protection - 90-day stay of civil proceedings available, plus protection from default judgments
- Lease termination - can terminate leases without penalty for PCS, deployment, or separation
- Tax deferral - state and federal income tax payments can be deferred up to 180 days after active duty
This piece of federal legislation is designed to protect Servicemembers (including those in the National Guard, Reserve, Coast Guard, and commissioned officers in the Public Health Service (PHS) and National Oceanic and Atmospheric Administration (NOAA)), from financial and legal burdens while they are serving their country. It provides a range of protections that ease obligations and allows Servicemembers to focus on their military duties without undue hardship.
Key protections under the SCRA include:
Interest Rate Cap: Limits interest rates on debts taken on BEFORE military service to 6% while on Active Duty.
In the case of mortgages, this reduction must last for a year AFTER your period of Active Duty. All other debts return to old rates after the period ends.
Stay of Proceedings: Servicemembers can request a 90 day delay in civil court and administrative proceedings by submitting:
A letter explaining how military service materially affects your ability to appear in court AND providing a future date when you could appear; and
A letter from your commander confirming your inability to appear at the scheduled court date.
Protection from Default Judgments: Cannot be entered against the Servicemember due to failure to appear or defend themself in civil court.
Termination of Cell Phone/Internet/TV/Gym Contracts: Contracts may be ended without penalty if given orders of Permanent Change of Station (PCS) to an area that does not have coverage or deploying for at least 90 days.
Termination of Leases: Servicemembers can terminate residential, car, and business leases without penalty if they enter Active Duty service or receive PCS orders to include separation/retirement.
Protection Against Foreclosure and Eviction (for non-payment): Prevents foreclosure or eviction without a court order, and may delay proceedings if military service affects the servicemember’s ability to respond.
Deferral of Income Taxes: If military service (due to reduced/low pay) makes it so you cannot afford to pay State/Federal income taxes; you can have those payments put off WITHOUT penalty or interest for up to 180 days AFTER your Active Duty ends.
This is NOT a complete list of benefits, for a complete list see the law itself in the reference section.
Enforcement
Most institutions are smart enough to provide you your rights under SCRA without much of a fight when given proper WRITTEN notice with orders/letter from your Commander. However, if you find they need help seeing the light:
Contact your Local military legal assistance office.
In the rare event your local office cannot assist you or the matter is time sensitive:
Contact the US Department of Justice; Civil Rights Division.