The Servicemembers Civil Relief Act – SCRA
The Servicemembers Civil Relief Act (SCRA) provides military personnel with a wide range of legal protections not available to the general public.
Eligibility for SCRA
The SCRA covers all active duty members, reservists and members of the National Guard during active duty. Coverage begins on the date of entry into active service and generally ends within 30 to 90 days of release.
What does SCRA cover?
SCRA may defer or suspend financial or civil obligations to prevent you from being exploited while on active duty and away from home.
Protections offered by SCRA include:
- Prevents your landlord from evicting you unless the rent is over $ 4,089.62 per month for 2021 (this amount changes annually)
- Stop foreclosures without a court order
- Your vehicle cannot be repossessed without a court order if you have made a deposit, or at least one payment before your enrollment
- You cannot be sued for civil proceedings, this includes divorce and child support hearings
- Prevents the owner of a self-storage facility from selling your goods for overdue rent without a court order
Benefits offered by SCRA include:
- Allows you to terminate your telecommunications contracts (phone, cable, internet, etc.) if you move for at least 90 days to a location that is not covered by your current provider
- Allows you to keep your current phone number even if you cancel your service due to a move that lasts less than 3 years
- Allows you to terminate a vehicle lease that you signed before joining if you are mobilized, PCS OCONUS, or deploy OCONUS for at least 180 days
- Allows you to end a housing lease without penalty if you deploy for 90 days or more
- Allows a surviving spouse to terminate a lease if their partner dies while on active duty
- Allows a military spouse to claim either their registered domicile, the member’s legal residence status or the state in which they live for tax purposes
- Limit interest on all loans taken out before joining the military to 6%. This includes auto loans, mortgages, student loans, credit cards, etc.
- In addition, it is stated that if you use any of your SCRA rights and delay payments, it will not be reflected on your credit report.
The SCRA also gives you other rights relating to property taxes, federal taxes, life insurance, and other financial or legal penalties or lawsuits. Check with your unit lawyer for details.
Frequently Asked Questions SCRA
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