Those who answer our nation’s call to protect and serve the country sacrifice a considerable amount to help shield the rights of citizens. From spending time away from their families to giving their lives to help protect the country, those in the armed forces are true heroes. However, despite all the sacrifices made, companies would prey on those serving. As such, the Servicemembers Civil Relief Act of 2003 was enacted to provide additional protections for those in active duty. If you are joining the armed forces or are currently serving and believe you are being taken advantage of, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with a San Diego consumer lawyer to explore your legal options.
What Is the Function of the Servicemembers Civil Relief Act, and Who Is Eligible?
In general, the Servicemembers Civil Relief Act (SCRA) provides extra legal and financial protections for those who have opted to serve the nation. This is intended to help ensure that those serving can focus on their duties as military members rather than stressing about financial matters, which they may not have the time or ability to handle while in service.
Eligibility depends on a number of circumstances. First and foremost, you must be an active duty member of either the Army, Marine Corps, Air Force, Coast Guard, or Navy. However, if you are a member of the Reserves but you have been placed on active duty, you are granted protections under the period. Additionally, those in the National Guard who have been mobilized by federal order for at least thirty days and those commissioned by the Public Health Service of the National Oceanic and Atmospheric Administration are also granted protections under the SCRA.
What Are Some of the Protections I Can Receive?
Under the SCRA, eligible servicemembers are granted several protections. One of the most important is protection from default judgments during civil cases. When someone is sued and they fail to file a response with the court or attend a hearing date, the court can issue a default judgment, which essentially provides the plaintiff the relief sought as part of the lawsuit automatically. However, as those serving may be unable to respond or attend a hearing date, this act prevents the court from issuing a default judgment until an attorney has been appointed to represent you.
Another important protection helps prevent your home from foreclosure while serving. Not only does this apply while you are on active duty, but you are also granted one additional year’s protection following your return home. However, this does depend on whether or not you’ve waived your rights and if you have told your loan servicer about your active duty status.
Additional rights you are granted under this act include protections against termination of auto and housing leases with penalties, repossession of property, and the reduction of your interest rates on loans obtained before service to a 6% maximum.
At Barthel Legal, we understand that you have made great sacrifices to fight for the country, which is why we are ready to fight for you if your rights under the SCRA have been violated. If you are ready to navigate these matters, connect with our team today to discuss your legal options.
