Protecting Military Families: The New Servicemembers Civil Relief Act

In 2003, President Bush signed a new law called the Servicemembers Civil Relief Act (SCRA), which replaced the old Soldier’s and Sailor’s Civil Relief Act. The new law is easier to understand and includes updates to reflect changes in American life. It also clarifies disagreements among military law experts and strengthens protections for active duty members and their families. The changes to the old law make it easier for military members to get legal protection while on active duty. They can now have a mandatory 90-day delay on legal proceedings if they can’t defend themselves because of their military duties. They also have better protection for their housing and car leases, and their insurance coverage can’t be changed or canceled while they’re on duty. The SCRA gives special legal protections to members of the military, including the Army, Navy, Coast Guard, and Marine Corps. It also applies to the Public Health Service, National Oceanic and Atmospheric Administration, and National Guard members called to active duty for more than 30 days. It also covers reservists called to active duty, U.S. citizens serving with foreign forces allied with the U.S., and people who are secondarily liable for a servicemember’s debts. The SCRA applies in all 50 states and territories of the U.S. It protects servicemembers in any court or administrative proceeding, but not in criminal cases. If someone is in the military and they are being sued, the court has to make sure they know about it. They have to file a special paper saying if the person being sued is in the military or not. If they can’t figure it out, they might have to wait before making a decision. They also have to wait for at least 90 days if the person being sued is in the military, to give them a fair chance to defend themselves. If a military member is sued while on active duty or within 60 days of ending active duty, they can ask the court to reopen the case if their military service affected their ability to defend themselves and if they have a valid defense. They have to file their request within 90 days of ending active duty. If they have notice of the lawsuit, they can also ask the court to postpone the case for at least 90 days if their military duty prevents them from appearing in court, and their commanding officer confirms that they can’t take leave. In family law cases involving support issues, if a member of the military asks for a delay in court proceedings because of their military service, it may not be granted. This is because modern technology allows for testimony to be given in other ways, like through video or over the phone. Also, temporary support hearings don’t make final decisions and won’t harm the rights of the servicemember. The law also requires the military to allow its members to take leave to go to court for support hearings. If the first 90-day delay isn’t enough, the member can ask for another one. The request for the second delay has to include the same information as the first one. If a court denies a servicemember’s request to delay a legal case, the court will provide a lawyer for the servicemember. The SCRA stops the time limit for starting a legal case while a servicemember is in the military. It also limits the interest rate on debts incurred before military service. Landlords can’t kick out a servicemember or their family from their home during military service without a court order. If a servicemember can’t pay their rent or other bills because of military service, the court can delay eviction or adjust the lease. It’s illegal to evict or take someone’s stuff if they’re in the military. If a servicemember breaks a contract for property before or during military service, the court can order repayment or delay the creditor from taking back the property. Under this law, if a servicemember has a mortgage or other loan secured by property, and they are facing legal action for not paying it during or shortly after their military service, they can ask the court to stop the proceedings. This gives them time to deal with the situation. The court can also make changes to the loan to make things fair for everyone. The law also says that no one can sell or take the servicemember’s property for not paying the loan during or shortly after their military service, unless the court gives permission or there is a valid agreement. If someone breaks this law, they can be charged with a crime. The law also says that the servicemember’s other legal rights are still protected. If a servicemember is facing foreclosure or repossession, the court can appoint three people to appraise the property. If it’s fair and won’t cause too much hardship, the court can order the servicemember to be paid some of the equity in the property before it’s taken away.

Also, if a servicemember leases a place to live or a car and then enters military service, they may be able to end the lease early if they meet certain conditions. If a servicemember needs to terminate a lease for a home or a car because of military orders, they can do so by giving a written notice to the landlord or car leasing company, along with a copy of their military orders. For a home, the lease ends 30 days after the next rent is due, and for a car, it ends when the notice and the car are returned. The landlord or car leasing company can’t charge extra fees for ending the lease early, but they can charge for any damage or extra mileage on the car. If someone tries to keep a servicemember’s belongings or charge them for rent after their lease is ended, it’s against the law and they can be punished. Also, if a servicemember has a lien on their property, like for storage or repairs, it can’t be enforced during their military service and for 90 days after, unless a court says so. If a court decides to enforce the lien, they can delay it or change the amount owed. If anyone breaks these rules, the servicemember can take legal action. The new SCRA provides more protections for servicemembers and their families, allowing their legal representatives to act on their behalf. This helps them in court and administrative proceedings. The act also gives the judiciary the power to balance the needs of the servicemember and their family with the claims of creditors. There are penalties for breaking the rules, which should make sure everyone follows them to help the servicemember and their dependents. Peter Cushing, a family attorney, wrote this on behalf of the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/protecting-military-families-the-new-servicemembers-civil-relief-act/