Who Receives SCRA Protections? A Quick Guide

The Servicemembers Civil Relief Act (SCRA) is designed to help active-duty service members focus on their duties by offering legal and financial protections that assist in balancing their military and personal lives.

But who is eligible for SCRA protections? Does every military service member qualify for these benefits? In this guide, we’ll explore who is covered by this federal law, formerly known as the Sailors Civil Relief Act.

Overview of the Servicemembers Civil Relief Act

First, it’s important to understand the background of the Servicemembers Civil Relief Act. Known as the SCRA, this federal law offers specific protections to qualified individuals, allowing them to meet financial obligations while focusing on their military service.

Some of the benefits offered by the Servicemembers Civil Relief Act include:

• Interest Rate Reduction: The SCRA caps pre-service debt interest rates at 6%, with some institutions offering further reductions to 4%.
• Foreclosure Protection: Service members who took out a mortgage before entering military service cannot be foreclosed on without a court order.
• Default Judgments: In civil proceedings, a judge must appoint a lawyer to represent the service member’s interests. Additionally, a default judgment requires the suing party to secure an affidavit.
• Tax Deferral: If active duty service prevents timely tax payments, the IRS and local tax authorities must defer the due date.
• Eviction Protection: Service members and their families cannot be evicted from rented properties, even if they miss payments, provided their military service has impacted their ability to pay. A 90-day eviction delay or rent adjustment may be granted.
• Civil Action Stay: Service members can request a 90-day postponement of civil court proceedings if they cannot attend due to active duty orders. This stay may be extended by the court if necessary.
• Contract Termination: Service members and their dependents can terminate contracts, such as leases and vehicle agreements, without penalties if the contracts were signed before entering military service. This protection also applies to those who signed a contract after joining the military but received orders for a Permanent Duty Station change lasting at least 90 days.

Who Gets Rewarded for Military Service?

So, who is eligible for protection under the SCRA? This federal law applies to:

• Active duty service members from the Coast Guard, Army, Air Force, Navy, Space Force, and Marine Corps. This law essentially covers all full-time personnel working in the Armed Forces. An individual doesn’t have to serve in a combat zone for SCRA protections to apply to them.
• Reserve component members that are called to active duty service. The two-week annual tour counts as active duty service, but weekend drills don’t.
• National Guard members who are called to active duty upon federal orders for at least 30 consecutive days
• Commissioned officers from the National Oceanic and Atmospheric Administration or the Public Health Service

Any person with a Special Power of Attorney can exercise an individual’s SCRA rights if the individual is unable to do so themselves. This is especially true in cases where the service member is deployed overseas and cannot submit the necessary documents in person.

Select SCRA protections are extended to military spouses and other dependents. The SCRA does not cover military veterans unless they have been called for active duty military service.

Defining Service Members’ Dependents

Select SCRA protections apply to the dependents of service members, but they must apply for these protections in a court for businesses to honor their SCRA rights. But how does the SCRA define dependents?

According to this law, dependents refer to a service member’s spouse, children, or other people for whom the active duty member provided at least half support for at least 180 days before entering active duty service.

A child generally refers to unmarried individuals under 18 years old. However, select protections cover children up to 23 years old if enrolled and people incapable of providing for themselves before reaching 18 years old. A child is covered by the SCRA, regardless of whether they’re biological, adopted, or stepchildren.

Obtaining Evidence of Active Duty Service

It’s important to note that SCRA protections are not automatically granted. Both active-duty members and military spouses must present proof of active-duty status to receive these benefits.

Additionally, individuals must actively request SCRA protections, as there is no single form that covers all rights under the SCRA. To prevent any issues, it’s advisable to have all requests acknowledged and approved in writing.

Similarly, businesses should verify whether they are dealing with an active-duty service member, as SCRA protections can significantly impact their operations. Conducting due diligence is essential.

Violating SCRA rights can result in hefty fines, potentially harming the business over time. It’s also important to remember that SCRA protections are not indefinite. Some protections may extend up to a year after the service member leaves active duty, but businesses should regularly verify the service member’s status.

What are SCRA Waivers?

SCRA waivers are legally binding documents in which an individual forfeits their SCRA rights. To be recognized in court, these waivers must be in written form.

The protected individual must have willingly signed this document, and the waiver shouldn’t be included in the main contract. Waivers that are included in an extended contract, in a concealed manner, may be contested.

It would be ideal to confer with one’s local legal assistance office or legal counsel for clarification and further assistance in their military installation.

Final Words

The SCRA provides essential protections that ease the burden on active-duty military members. It’s crucial for service members to provide proof of their status, and businesses should verify eligibility for SCRA benefits.

SCRACVS can assist in confirming active duty status. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Which individual is protected by the SCRA?

The SCRA covers active-duty military personnel, commissioned officers, and Reservist and National Guard members called to active duty. Select protections are extended to service members’ dependents, and all protected individuals must proactively apply for SCRA benefits.

Does SCRA apply to spouses?

Select SCRA protections apply to military spouses. Likewise, they must present active duty evidence to be granted these protections. Former spouses who satisfy the 20/20/20 rule are still covered by the SCRA as long as they remain unmarried.

How do you get the SCRA?

You must prove you’re rendering active duty service and proactively request SCRA protections. SCRA rights aren’t automatically given, and you shouldn’t have waived your rights. If you’re a military dependent, you must submit proof of active duty personnel service.

Does SCRA apply to children?

Select SCRA protections extend to service members’ children, regardless of whether they are biological, adopted, or stepchildren. Most protections apply until the age of 18, but some extend until the age of 23 if the child is enrolled in school.