When Does Protection Begin Under the SCRA for Reservists?

Full-time military members are known to be granted financial and legal protections thanks to the Servicemembers Civil Relief Act (SCRA). However, do these protections extend to reserve members? Yes, they do, but the date when active duty service commenced matters. We’ll discuss when reserve members can apply for SCRA protections accordingly.

When Does Protection Begin Under the SCRA for Reservists?

Reservists are recognized as active duty servicemembers upon receipt of their call-up orders. Meanwhile, active-duty service members are entitled to SCRA benefits once they report for active duty. This means reservists only get protection from default judgments and other SCRA protections when called to serve the nation.

Select SCRA benefits are extended to the dependents of these service members. However, these protections only apply when the service member is on active duty. That’s why date matters when activating SCRA rights.

Who Qualifies for Rights under the Servicemembers Civil Relief Act?

But who qualifies for SCRA rights, formerly the Sailors Civil Relief Act? SCRA protections are extended to those materially affected by their active duty service. SCRA rights are granted to active duty military personnel from the Marine Corps, Army, Navy, and Air Force. Reserve members called to active duty military service are also granted SCRA rights.

The SCRA applies to National Guard members called to active duty for at least 30 straight days and commissioned officers from the Public Health Service or the National Oceanic and Atmospheric Administration on active duty.

Select SCRA protections apply to these people’s dependents, but it would be ideal to confer with one’s legal assistance office to confirm eligibility for these perks and military pay. Moreover, some protections, such as the option to delay civil proceedings and needing a court order, apply to certain circumstances only.

How Long Must a Reservist Have to Render Military Service?

Unlike full-time service members covered by SCRA protections once they enter active duty, reservists must wait a bit longer before using SCRA rights for civil action or automobile leases. They’re not automatically granted when they serve the country. A reserve member must have rendered at least 180 days of active duty service beyond the basic training period.

The active duty period plays a crucial role in activating SCRA rights. Certain protections apply only when someone is called to move states. This is why reservists should be mindful of how long they’ve been called to serve the nation.

Potential Benefits under the Servicemembers Civil Relief Act

Here are some benefits that can be taken advantage of provided that the military service has affected the servicemember’s ability to fulfill certain obligations:

• Delay of administrative proceedings
• Ability to have a contract terminated without penalties
• Interest rate limit on debt
• Protection from foreclosure of personal property
• Delayed income taxes
• Protection from eviction
• Voting rights in one’s home state
• Choosing one’s tax domicile

It must be highlighted that these protections apply only to the continental United States. To activate these benefits, one must also provide military orders or proof of military service. The same rule applies to family members intending to activate SCRA protections.

Getting Legal Help

While the Servicemembers Civil Relief Act grants those rendering military service vital protections, it is ideal to confer with one’s legal assistance office first. Why? Some legal protections under the SCRA only apply to specific cases, and it would be wise to confirm if your case qualifies.

For example, eviction protections only apply to service members being evicted for not paying rent on time. A material breach of the lease agreement, like keeping a pet even though it’s forbidden or deliberately destroying the property, is a valid reason for eviction.

Moreover, you can’t retroactively request for SCRA benefits. The timing of the SCRA notice matters. Fortunately, legal resources in one’s military base can help provide guidance. It would also be wise to ask for advice from other military community members who have previously sought SCRA protections. They can provide insight on how to handle situations the right way.

How to Activate SCRA Rights for Rendering Military Service?

Unfortunately, protections under the Servicemembers Civil Relief Act (SCRA) aren’t automatic, which means that both full-time personnel and reservists must request protection from each applicable institution. There should be a written notice of one’s intention to seek SCRA rights, which should detail the benefit one is requesting.

Aside from the written notice, one should also provide proof of active military service. While one can use military orders or a letter from a commanding officer, there may be instances wherein these documents are out of reach.

Fortunately, services like SCRACVS can help active duty service members maximize their SCRA rights by providing proof of military service in as fast as one business day.

Conclusion

SCRA protections can be a game-changer for military reservists struggling to fulfill their obligations because of military duties. Fortunately, the SCRA is here to help them manage accordingly. If you or someone you know needs proof of military service, SCRACVS can help. Check the service member’s active duty status by clicking here.

FAQs

Does SCRA apply to reservists?

Yes. The SCRA applies to reservists who have served at least 180 days on active duty. However, these protections only apply when they are called to active duty service and during the period afterward, during which SCRA rights remain applicable.

What is the time frame for SCRA?

It would depend on the SCRA protection that one is requesting. Certain conditions must be met for some protections. That’s why seeking legal assistance is recommended to understand one’s rights further.

Which protections exist under the SCRA?

The SCRA offers various protections such as interest rate limits, protection from eviction and foreclosure, the ability to stay civil proceedings, choosing one’s tax domicile, and more. Select protections apply to the dependents of active duty members.

Are military reservists eligible for VA benefits?

Yes. In general, military reservists who have rendered at least 180 days of active duty service beyond basic training can receive VA benefits. This is why it’s recommended that they seek evidence of active duty.