Soldier and Sailors Civil Relief Act

The Soldier and Sailors Civil Relief Act (SSCRA) is a federal law designed to provide protection to active duty military personnel from certain civil obligations.  Passed during World War I and later re-enacted during World War II, the Act provides coverage to qualifying members of the military, including Reservists and members of the National Guard, while serving on active duty until 30 to 90 days after the date of discharge from active duty.

To qualify for protection under the SSCRA, the service member must be able to prove that serving on active duty has materially affected the soldier's ability to meet his or her obligations.  To be materially affected, a service member must show that he or she has suffered due to economic prejudice (i.e. loss of income due to active duty) or to geographic prejudice (i.e. duty location prevents service member from appearing in court).   A professional person, such as a doctor, lawyer or businessman, that is a member of the National Guard, for example, could claim an economic prejudice when called to active duty if his active duty pay is considerably less than his civilian employment before active duty.   A service member could claim a geographic prejudice if her duty station was located across country and she is unable to appear in court for a civil lawsuit. 

A service member may qualify for relief under the Soldier and Sailor Civil Relief Act from foreclosure if he or she can show that:

• Relief is sought from a mortgage or deed of trust against a home 

• The mortgage was originated prior to active duty

• The property was owned by the service member or family member prior to active duty

• The property is still owned by the service member or family member

• The service member is materially affected by active duty service

By establishing the aforementioned facts, a service member can seek relief from foreclosure by the mortgage company.  He or she should contact the mortgage company and present these facts as soon as possible.

In addition to relief from foreclosure, a member of the military on active duty can assist by:

Capping interest rates at 6%.  Under the SSCRA, the maximum interest rate for credit cards, mortgages, and certain student loans cannot exceed 6% if the obligation originated prior to active duty.  The interest rate reduction only applies during the term of active duty service and may be reinstated to its pre-active duty rate after the service member has concluded his or her active duty service.

Stay of Proceedings.  If a service member is sued while on active duty and is materially affected by active duty service, a judge may grant a postponement (or stay) at anytime during such proceedings.  Qualifying proceedings include any civil lawsuit, such as a divorce.   

Default Judgments.  A default judgment is a judgment entered against a person for failing to appear in court.  The Soldier and Sailors Civil Relief Act provides protection against default judgments when a service member is unable to appear in court.

Termination of Leases.  If a service member enters into a lease agreement prior to active duty, he or she may lawfully terminate the lease without repercussions.  

Insurance.  A service member is protected against a lapse, termination, and forfeiture for nonpayment of premiums of private life insurance.  An active duty member may also have health insurance reinstated if it is terminated during such service.  

Certain restrictions may affect a service member from qualifying for relief under the Soldier and Sailors Civil Relief Act.  Any service member who feels that he or she may be eligible should consult with his or her legal advocate before claiming relief under the SSCRA.