Servicemembers Civil Relief Act (SCRA) Protections 

The Servicemembers Civil Relief Act (SCRA) protects those who serve our nation. If you are a servicemember, these protections can save you from a variety of financial and legal issues. Military law attorney Joseph A. DeWoskin can help you understand the SCRA in a way that’s relevant to your life. 

What Is the Servicemembers Civil Relief Act (SCRA)?

Juggling military responsibilities with personal and financial matters can be overwhelming. The SCRA reduces some of these burdens, allowing servicemembers to focus on their military duties. The SCRA is a federal law that offers various protections to military members as they enter active duty.  

These protections cover financial obligations, rental agreements, civil judicial proceedings, and more. The Act ensures that military personnel are treated fairly in housing and lending arrangements, providing a safety net that supports their livelihoods. The idea is to minimize the distractions arising from legal and financial issues so that servicemembers can focus on their duties. 

Key Protections Under the SCRA

Understanding your rights under the SCRA can offer many practical benefits and peace of mind. 

Reduced Interest Rates on Loans and Credit Cards

One of the most significant benefits under the SCRA is the reduction of interest rates on pre-service loans and credit card debt. Lenders must cap interest rates at 6% annually for military members on active duty. This provision applies to mortgages, credit card debts, student loans, and other financial obligations.  

Protection Against Foreclosure 

The SCRA prevents lenders from foreclosing on a servicemember’s home without a court order. This protection extends through active duty and for a period afterward. It ensures that servicemembers can keep their homes while serving their country. 

Deferred Civil Court Actions 

Servicemembers have the right to request a 90-day stay of civil court proceedings. This includes issues such as divorce, child custody hearings, and other civil matters. The stay is not automatic; you must apply for it and demonstrate how your military service affects your ability to participate in the case. 

Lease Termination Rights 

Moving due to military orders is common. The SCRA allows servicemembers to terminate residential leases without penalty. This flexibility is invaluable when orders come through unexpectedly. The law also covers vehicle leases, enabling servicemembers to end their agreements if deployed for 180 days or more. 

Protection Against Eviction 

The SCRA offers protection against eviction for servicemembers and their dependents. If your monthly rent is below a certain amount, you cannot be evicted without a court order. The court may delay the eviction for up to three months, allowing servicemembers and their families adequate time to find a new home. This protection applies to situations where the inability to pay rent is due to military service. 

Financial Protections and Credit Monitoring

Staying financially healthy is especially important for those serving in the military. Here's how the SCRA helps you: 

Protection from Default Judgments 

The SCRA protects against default judgments in civil cases. If you cannot appear in court because of your military service, the court must appoint an attorney to represent you. This ensures that your interests are protected in your absence. 

Credit Score Safeguards 

The SCRA also shields your credit score. Actions taken under the SCRA, such as reduced interest rates or lease terminations, cannot negatively impact your credit report. This helps you maintain good financial health during and after your service. 

Early Termination of Telephone Service Contracts 

Servicemembers who are deployed for 90 days or more have the right to terminate their phone service contracts without incurring early termination fees. This protection extends to both cellular and landline services, so that you’re not financially penalized for fulfilling your military duties. 

Protection Against Repossession 

The SCRA provides safeguards against the repossession of property, such as vehicles, which are purchased or leased before entering military service. Without a court order, creditors cannot repossess these items during your period of active duty. This allows you to maintain essential items necessary for daily life and transportation. 

Insurance Coverage Protection 

The SCRA prevents life insurance policies from lapsing or being terminated due to nonpayment during active duty. If you miss payments because of your service, your insurance provider cannot cancel your policy. This protects you and your beneficiaries even if financial challenges arise during your deployment. 

Consult an Attorney in Kansas City, Kansas

Attorney DeWoskin offers a unique combination of military experience, extensive legal knowledge, and deep empathy for his clients. Clients can expect honest advice and exceptional service at his military law practice. Attorney DeWoskin prioritizes building strong relationships with both clients and opposing counsel over a confrontational stance. This approach promotes a cooperative environment that benefits all parties involved. 

If you have any questions about SCRA or need assistance, feel free to contact Attorney DeWoskin at Joseph A. DeWoskin, P.C. His experience in military law and compassionate approach makes him a valuable ally for servicemembers dealing with the SCRA.