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What is the Servicemember’s Civil Relief Act?

The Servicmember’s Civil Relief Act (SCRA) provides protection to those entering the military, called to active duty in the military, or deployed servicemembers.  The SCRA was signed into law on December 19, 2003, and rewrites the Soldiers and Sailors Civil Relief Act of 1940.  The purpose of the SCRA is to put a stay on certain civil obligations to enable service members to concentrate on serving the military and to provide relief to family members of those deployed.  The three primary areas of coverage under the SCRA include (1) protection against the entry of default judgments; (2) stay of proceedings where the servicemember has notice of the proceeding; (3) stay or vacation of execution of judgments, attachments, and garnishments.  The SCRA only applies to debt incurred prior to military service.

In order to qualify for the Servicemember’s Civil Relief Act, you must be an active duty servicemember, or an active duty reservist or member of the National Guard.  The SCRA protection begins on the date the servicemember enters active duty and concludes generally upon discharge or within 90 days of discharge.

If you qualify under the Servicemember’s Civil Relief Act, you are protected from certain civil obligations including rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosure, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments.

If you are an active duty servicemember or considering entering the military with substantial civil obligations you should consult with an experienced Phoenix bankruptcy lawyer to discuss the Service Member’s Relief Act.

Please contact an experienced Phoenix bankruptcy attorney of Ariano and Reppucci for more information regarding the Servicemember’s Civil Relief Act.

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