Despite the fact that few are willing to make the ultimate sacrifice and serve in the nation’s military, many are still taken advantage of by predatory companies. As such, if you are an active duty servicemember, it’s imperative to understand the protections you are granted under the Servicemembers’ Civil Relief Act. The following blog explores the SCRA in further detail and the importance of working with an Arroyo Grande consumer lawyer to explore your rights and how to proceed in the event your rights are violated.
What Is the Purpose of the Servicemembers’ Civil Relief Act?
The Servicemembers’ Civil Relief Act (SCRA) was enacted as a means of protecting those who are currently serving the nation from predatory and unfair consumer practices by granting additional protections. The main purpose is to ensure that the individuals helping to protect the country are able to focus their attention on their duties as opposed to the consumer issues that would otherwise distract them and cause additional stress.
It’s imperative to understand what the eligibility requirements are to ensure you qualify for protection. Generally, you must be an active servicemember of any branch of the armed forces, including the Army, Navy, Marines, Coast Guard, or Air Force. However, if you are a member of the National Guard and called to service for more than 30 days, you are also protected. The same is extended to officers of the Public Health Service or the National Oceanic and Atmospheric Administration who are actively serving.
What Protections Are Granted Under the SCRA?
One of the primary protections of the SCRA is that servicemembers cannot be subject to default judgments. When an active duty member is serving, they may not have the time, ability, or means to respond to the lawsuit, especially in the event they are deployed. In most instances, when the defendant in a case does not answer or appear in court, the plaintiff can be issued a default judgment, which typically grants the plaintiff the relief sought. However, because of the status of an active duty member, the courts cannot and will not issue a default judgment.
Another important protection is helps prevent active duty servicemembers and their dependents from being evicted. This helps ensure no additional stress is placed on the member. On the opposite end, you’ll find that, under certain circumstances, those serving are able to terminate leases early and without penalty. This is typically the result of receiving orders to relocate, and primarily impacts housing and auto leases.
You will also receive protections related to taxation, interest rate caps, and life insurance policy lapses.
If your rights under the SCRA have been violated, it’s imperative to connect with an experienced attorney as soon as possible. At Loker Law, APC, our dedicated legal team understands how difficult these matters can be to navigate. As such, our firm will do everything in our power to help guide you through these difficult times. Just as you are fighting for our country, we will fight for you. Contact us today to learn more.
