Jan 8th 2008, 09:16

Legal Assistance for Active Military Personnel

Active duty military members who are facing civil or administrative legal action can count on the government to help them in postponing or delaying the court proceedings for up to 90 days so that they can focus more on their military responsibilities.

In 1940, the government passed a law called the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCR), which was designed to delay legal proceedings for those persons who serve on active duty for the nation's defense. That law was rewritten in 2003 and was then referred to as the Servicemembers Civil Relief Act (SCRA), which extended the benefits to the military men's family and provided more benefits like the following: 

• Temporary suspension of civil or administrative trials for up to 90 days;
  
• Reopening a case and setting aside default judgment for members who failed to show in court due to military duties (Note: This doesn't apply to criminal offenses);
  
• Members not to be identified as having a guard or reserve status to avoid credit application denial;
  
• 6% Cap on interest rates;
  
• Termination of automobile leases;
  
• Termination of real estate leases without being required to pay for penalty;
  
• Stay of evictions;
  
• Temporary suspension of foreclosures and repossessions;
  
• Reinstatement of health insurance;
  
• Domicile and residence; and
  
• Deferment on paying for federal and state laws.

All of these benefits are open to those in federal active duty:

• Regular and reserve forces;
  
• Coast Guard and Guard forces in Title 10 active duty; and
  
• Officers in the Public Health Service and National Oceanic and Atmospheric Administration in support of the Armed Forces.

The SCRA applies to all 50 states and all territories (Puerto Rico, U.S. Virgin Islands, Guam and the Marianas Islands).

To know more about these benefits, you may get in touch with your installation's Legal Office.

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