Servicemembers’ Civil Relief Act: Financial Protection for Active Duty
The Servicemembers Civil Relief Act (SCRA) philosophy—persons called to duty should not have to worry about economic and legal burdens while on active duty. The bill defers servicemembers’ obligations to debt, tax and housing costs while on duty and for 90 days thereafter. Active duty personnel enlisted in the branches of the U.S. military as well as personnel in National Guard and Reserve units receive SCRA protections.
History
SCRA is an extension of the benefits provided under the Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA). Some service members still do not know the program exists and therefore suffer great financial loss while serving.
“Despite the act’s official title dating it to 1940, its origins can be traced as far back as the Civil War when Congress passed a total moratorium on civil actions brought against Union soldiers and sailors. In basic terms, this meant that any legal action involving a civil matter was put on hold until after the soldier or sailor returned from the war. Examples of civil matters included breach of contract, bankruptcy, foreclosure, or divorce proceedings,” the Department of Defense reported.
Civil War soldiers could not afford to pay their pre-service debts because military compensation was quite low. Congress thus deferred their obligation to mortgage, credit, and other payments.
Service members’ financial rights issues were constantly brought before Congress after the Civil War. Finally, in 1940 a detailed version of the SSCRA appeared on the scene, making it one of the most significant protections for military members.
SCRA and Its Benefits
In 2003, President Bush signed the current SCRA into law. Here were some of changes:
- Definition of Military Service under SCRA now includes National Guard member serving at the state level for more than 30 days straight.
- Family members receive protection. Dependents now mean anyone who the military member provided more than half of financial support to during a 180-day period before filing for relief under SCRA.
- Interest rates on loans cap at six percent.Furthermore, the SCRA clarifies that interest in excess of six percent per year is forgiven. During military service, an active duty servicemembers’ monthly payments on credit card debts and mortgage will be recalculated and reduced to follow the six percent interest rate under SCRA. Military members must provide a written notice to creditors for this cap to be implemented.
- Eviction or foreclosure not valid during military service. A military member and his or her family keep their homes under SCRA. With the old law, a landlord could not evict a service member without a court order when rent was $1,200 per month or less. That cap has been adjusted due to inflation will continually be adjusted according to the housing market. The rental amount for eviction of non-payment under SCRA is now $2,930.00 or more.
- Tenant can break a lease with 30-day written notice to landlord. In addition, the landlord cannot attempt to terminate lease before the military member leaves for service without a court order.
The new bill covers much more including automobile leases and loans, life insurance increases, taxes, legal representation, health insurance, and business protection for military entrepreneurs.
Being called to duty is already an intense and unique moment for our New Jersey service members. The SCRA takes a significant chunk of stress away from that life-changing time period. Members can return with most of their credit scores intact, business, bank accounts, and most important, their family and home intact.
Matt Polsky is a blogger associated with VA Mortgage Center.com, the nation’s leading provider of VA home loans.