When the call to serve rings, only a select few are able to answer. By joining the armed forces, the brave individuals who have served have made many sacrifices to protect the rights of citizens in the United States. However, some companies and lenders still prey on those serving our country. As such, the Servicemembers’ Civil Relief Act was created to help provide additional protections for those who have chosen to serve. If you are an active duty member of the armed forces and believe you were taken advantage of, you’ll want to keep reading. The following blog explores what you should know about these difficult matters and the importance of working with a California consumer lawyer to discuss your legal options.
What Is the Function of the Servicemembers’ Civil Relief Act?
The Servicemembers’ Civil Relief Act (SCRA) was enacted as a means of suspending certain obligations for those serving active duty. This not only helps ensure that servicemembers and their families aren’t stressed about finances while the member is serving, but it also allows the servicemember to devote their full attention to their duties. In many instances, trying to handle certain financial matters while serving is undoable or unmanageable, meaning debt can continue to accumulate as a servicemember may not have the opportunity to handle these obligations while serving.
You are eligible to serve if you are an active duty member of any branch of the armed forces, including the Army, Navy, Marines, Air Force, or Coast Guard. Additionally, depending on your circumstances, you may be eligible for these protections if you are a member of the National Guard, the National Oceanic and Atmospheric Administration, or the Public Health Service.
What Protections are Provided?
One of the most beneficial aspects of this act is that it provides a cap on debts taken out prior to active duty. For example, if you take out an auto loan before you become active duty, you would then be able to submit a notice to the lender, who would then have to lower the interest rates to no more than 6% for the entirety of your active duty. Additionally, you can terminate some leases without penalty if you are permanently relocated or deployed for longer than ninety days.
Another important protection the SCRA grants is the postponement of civil court cases. If you are sued for a debt, for example, and you fail to respond as a civilian, a default judgment can be issued against you, which essentially grants the plaintiff what they have asked for because you did not appear. However, as active duty can prevent you from attending court matters, especially when deployed, the SCRA prevents the court from issuing default judgments against those serving active duty.
Additionally, you can receive protections from evictions, foreclosures, and taxation in the state where you are stationed to serve based on military orders.
If you have reason to believe your rights under the SCRA were violated, it’s imperative to connect with an experienced attorney at Los Angeles Legal Solutions. Our dedicated legal team understands how difficult these matters can be to navigate, which is why our firm is dedicated to helping you through these difficult matters. You’ve fought for our country, which is why we are committed to fighting for you. Contact us today to discuss your circumstances.
