Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act, or SCRA, is a law that protects military members by postponing or suspending certain civil obligations.

SCRA only protects members called to active duty under Title 10 and those in Title 32 state status called to federal service for more than 30 days. It does not apply to any other military members in Title 32 status.

SCRA temporarily postpones or suspends certain civilian obligations to enable service members to devote full attention to their military duties.

The law does not apply to criminal matters.

Protections include:

• Eviction
  A landlord must have court order to evict military member and dependents from rented housing under a certain amount.
  

• Lease termination
  A military member may cancel a housing lease upon a Permanent Change of Station (PCS) or deployment greater than 90 days, or may cancel an auto lease upon PCS outside of the Continental US or deployment greater than 180 days.
  

• Installment contracts
  A military member is protected if military service "materially affects" the member's ability to make payments.
  

• Cell phones
  A contract may be terminated or suspended if a military member receives orders to relocate to a location where the provider does not have service for more than 90 days.
  

• Interest
  A military member's pre-service obligation normally capped at six percent interest.
  

• Court proceedings
  Courts may delay a civil court proceeding if military service prevents the member from asserting or protecting a legal right.
  

• Default judgments
  Courts will appoint an attorney to represent an absent military member's interests, normally by seeking a delay in the proceedings.
  

• Insurance
  A military member's private life insurance is protected from lapse for two years following military service, and malpractice insurance freezes during the member's service.
  

• Taxes
  Military members and spouses do not lose or acquire legal residence solely due to a transfer pursuant to military orders.
  

• Foreclosures
  SCRA offers protections against foreclosure regarding mortgages obtained prior to active duty service.

The protections of SCRA are not automatic.

The military member should send a copy of his/her orders along with a letter notifying civilian courts, agencies, businesses or people that the member has entered active duty service and is claiming the protections and benefits of the SCRA. The notice should be sent by certified mail, return receipt requested.