Table of Contents
Guard Families Can Use
Soldiers Sailors Act
The focus of the Service-members Civil Relief Act (SCRA) is to provide protections to service members who have difficulty meeting their personal financial and legal obligations because of their military service. The SCRA clarifies and updates provisions that existed in the SSCRA, while adding additional protections.
change added in the SCRA is an automatic 90-day stay of civil proceedings
upon application by the service member. This applies to all judicial and
administrative hearings. In the past, stays were discretionary with the
The SCRA also expanded the protection against eviction. Previously, service members that entered into a lease for $1,200 or less could not be evicted without a court order. The SCRA increased that maximum lease amount to $2,400 and added an annual adjustment for inflation. For 2004, the maximum will be $2,465.
The SCRA also gives the service member who has received permanent-change-of-station orders or who is being deployed for not less than 90 days the right to terminate a housing lease with 30 days written notice. Prior to the SCRA, service members could be required to pay for housing they were unable to occupy.
A provision in the SCRA that did not exist in the SSCRA was an added protection for service members who have motor vehicle leases. Any active duty service member who is being deployed for not less than 180 days, may terminate a motor vehicle lease. The law prohibits early termination charges so service members wont have to pay monthly lease payments for a car they cant use.
If service members have questions about the SCRA or the protections that they may be entitled to, they should contact their unit judge advocate for further assistance.