Military
Advice For
Reservists and Their Families
The Soldiers' and Sailors' Civil Relief Act (SSCRA)
The Soldiers' and Sailors' Civil Relief Act (SSCRA)
WHAT IS IT?
The Soldiers' and Sailors' Civil Relief
Act (SSCRA) is 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 original Soldiers' and Sailors'
Civil Relief Act was passed during World War I. The statute was re-enacted during
World War II, and was later modified during Operation Desert Storm.
WHO DOES IT PROTECT?
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. Some of the benefits under the SSCRA
extend to dependents of active duty military members as well.
WHAT KIND OF RELIEF CAN IT PROVIDE?
The SSCRA can provide many forms of
relief to military members. Below are some of the most common forms of relief.
6% CAP ON INTEREST RATES: Under the SSCRA, a military member can
cap the interest rate at 6% for all obligations entered into before beginning active
duty. This can include interest rates on credit cards, mortgages, and even some
student loans (except for Federal guaranteed student loans), to name a few. To qualify
for the interest rate cap the military member has to show that he or she is now
on active duty, that the obligation or debt was incurred prior to entry on active
duty, and that military service materially affects the members' ability to pay.
To begin the process, the military member needs to send a letter along with a copy
of current military orders to the lender requesting relief under the SSCRA. The
interest rate cap lasts for the duration of active duty service.
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. A stay can be used to stop the action altogether, or to delay
some phase of it. According to the SSCRA, you can request a "stay" during any stage
of the proceedings. However, the burden is on you, the military member, to show
that your military service has materially affected your ability to appear in court.
In general, you can request a stay of the proceedings for a reasonable period of
time (30-60 days). For example, if you are being sued for divorce, you can put off
the hearing for some period of time, but it is unlikely that a court
will allow
you to put off the proceedings indefinitely.
DEFAULT JUDGMENTS: A default judgment is entered against
a party who has failed to defend against a claim that has been brought by another
party. To obtain a default judgment, a plaintiff must file an affidavit (written
declaration of fact) stating that the defendant is not in the military service and
has not requested a stay. If you are sued while on active duty, you fail to respond
and as a result a default judgment is obtained against you, you can reopen the default
judgment by taking several steps. First, you must show that the judgment was entered
during your military service or within 30 days after you've left the service. Second,
you must write to the court requesting that the default judgment be reopened while
you are still on active duty or within 90 days of leaving the service. Third, you
must not have made any kind of appearance in court, through filing an answer or
otherwise, prior to the default judgment being entered. Finally, you must indicate
that your military service prejudiced your ability to defend your case and show
that you had a valid defense to the action against you.
PROTECTION FROM EVICTION: If you are leasing a house or an apartment,
the SSCRA can protect you from being evicted for a period of time, usually three
months. The dwelling place must be occupied by either the active duty member or
his or her dependents and the rent on the premises cannot exceed $1200.00 a month.
Additionally, the military member must show that military service materially affects
his or her ability to pay rent. If a landlord continues to try to evict the military
member or does actually evict the member, he or she is subject to criminal sanctions
such as fines or even imprisonment. However, if you feel that you are in this situation,
don't just stop paying rent and wait three months. Come in and talk to a legal assistance
attorney.
TERMINATION OF PRE-SERVICE LEASES: The SSCRA also allows military members
who are just entering active duty service to lawfully terminate a lease without
repercussions. To do this, the service member needs to show that the lease was entered
into prior to the commencement of active duty service, that the lease was signed
by or on behalf of the service member, and that the service member is currently
in military service.
MORTGAGES: The SSCRA can also provide temporary relief from paying
your mortgage. To obtain relief, a military member must show that their mortgage
was entered into prior to beginning active duty, that the property was owned prior
to entry into military service, that the property is still owned by the military
member, and that military service materially affects the member's ability to pay
the mortgage.
