Civil Relief Act protects active duty, dependents from certain civil actions

The Servicemembers Civil Relief Act, or SCRA, protects active duty service members and to some extent their dependents from undesirable penalties to their legal rights so that they may devote their full attention to the nation’s defense. The SCRA provides protection for members in civil court and administrative actions, issues involving interest rates, taxation, house/apartment leases, car leases and insurance.

The SCRA applies to all military members called to active duty. This includes the regular armed forces, the reserve forces and Title 10 active duty guard forces.

SCRA protections generally begin on the first day of active duty and continue up to 180 days after the member is released from active duty. Many SCRA protections are not automatic and require the member to request the protection.

Service members may have to prove active military service affects their ability to pay. The SCRA provides for an automatic stay of at least 90 days upon a proper request from the member in civil court matters. It does not apply to criminal court or criminal administrative proceedings.

A member may reduce the higher interest rates the service member pays for any financial obligation (credit card, loan, mortgage) individually or jointly entered into before active service to 6 percent if active service materially affects the member’s ability to repay the financial obligation. Again this does not apply to any agreements entered into after entering active duty.

A credit agency may not identify a member’s status as guard or reserve because such identification may cause a lender to deny or revoke credit, change credit terms or view the credit report negatively against the member.

The SCRA allows a member to terminate an automobile lease that the member signed either before or during active duty if the member meets certain conditions.

A member may terminate, without penalty, leases and rental agreements entered into before or during active military service for real estate properties (i.e., residences, businesses). The SCRA makes it a requirement that landlords obtain a court order to evict a military member or the member’s dependents during the period of the member’s active duty service.

Call me for additional information or to set up an appointment 541-962-8802. I am located at the Center for Human Development, 301 Cove Ave, La Grande.

Byron Whipple is the Union County veterans service officer.