New jersey servicemembers civil relief act memorandum 0408 page 2 act s expiration. Soldiers and sailors civil relief act what every bank should know in 1940, on the verge of united states involvement in world war ii, congress passed the soldiers and sailors civil relief act the act. Protection of servicemembers in judicial proceedings the scra provides that 1 a default judgment cannot be taken against a. They will continue to bear interest at the contract rate. The soldiers and sailors civil relief act of 1940 sscra, however, serves to protect and preserve the civil recourses of these americans. The soldiers and sailors civil relief act of 1940 easing. There is therefore no interest rate reduction under the soldiers and sailors civil relief act for guaranteed student loans. Rogers, the soldiers and sailors civil relief act of 1940 1941 29 geo. The servicemembers civil relief act of 2003 scra, formerly known as the soldiers and sailors civil relief act of 1940 sscra, is a federal law that gives all military members some important rights as they enter active duty.
Today, with our nation once again engaged in an allout defense effort, this same legislation has been reenacted as the soldiers and sailors civil relief act of 1940,2 with but minor differences from the world war statute. Soldiers and sailors civil relief act of 1940 by rose gress. Sailors civil relief act of 1940 sscra, is a federal law that gives. Experience during world war ii and subsequent armed conflicts made certain changes in the statute necessary. Soldiers and sailors civil relief act credit forums. Soldiers and sailors civil relief act of 1918 legal.
The soldiers and sailors civil relief act of 1940, as amended 50 u. Servicemembers civil relief act united states code. Relief act sscra lafayette federal credit union now. The act was adopted to provide for, strengthen, and expedite the defense under the emergency conditions which are threatening the peace and security of the united states, the. The united states code is meant to be an organized, logical compilation of the laws passed by congress. While the act provides for 6% interest annum of deferred taxes, state law allows the local tax collector to waive the interest. When members of the united states armed forces are required to make immediate departures for distant lands to protect our nations interests, many military members are routinely. Washington state courts servicemembers civil relief act.
A modern version of these laws, the soldiers and sailors civil relief act of 1940 sscra,3 was penned on the eve of world war ii. The servicemembers civil relief act is intended to ease the economic. Under the provisions of the soldiers and sailors civil relief act of 1940, you may qualify for any or all of the following. This new law is named the servicememberscivil relief actscra. The secretary concerned shall ensure that notice of the benefits accorded by this act is provided in writing to persons in military service and to persons entering military service. The sscra applies to all members of the united states military who are on active duty, as well as those in training or education for the military. Congress passed the first soldiers and sailors civil relief act in 1918 50 app. To amend the soldiers and sailors civil relief act of 1940 to provide protections to members of the armed forces who terminate certain consumer contracts and real estate residential purchase contracts entered into before permanent change of station or deployment orders or motor vehicle leases entered into before military service. Michigans guide to the servicemembers civil relief act scra.
The servicemembers civil relief act provides soldiers important rights. New york state soldiers and sailors civil relief act. Effect of soldiers and sailors civil relief act by virtue of the provisions of the soldiers and sailors civil relief act, a period of military service is excluded in computing the period within which determinations imposing work deductions may be reopened under the regulations of the social security administration. The scra, enacted in 2003 and amended several times since then, revised and expanded the soldiers and sailors civil relief act of 1940. The soldiers and sailors civil relief act of 194o was virtually a reenactment of the earlier soldiers and sailors civil relief act of 1918. The reason for the revision is stated in legislative history. Specifically, the act can provide a service person temporary relief from evictions, lease terminations, mortgage. Bendetson, a discussion of the soldiers and sailors civil relief act of 1940 1940 2 w. The purpose of the sscra is to postpone or suspend some of the civil obligations of military personnel to. The extent to which this statute will affect the general practitioner is not yet calculable. Bendetson enactment of the soldiers and sailors civil relief act of 1940, approved october 27, 1940,1 has given rise to considerable speculation and interest. The soldiers and sailors civil relief act of 1940 3 is essentially a reenactment of the 1918 statute. The following references are being made available in order to provide some guidance for complying with the service members civil relief act scra. With hundreds of thousands of servicemembers fighting in the war on terrorism and the war in iraq, many of them mobilized from the reserve components, the house committee on veterans affairs committee.
Due to the current situation involving the mobilization of u. The soldiers and sailors civil relief act of 1940 50 u. Summary of the servicemembers civil relief act northwest. This act was designed to protect the civil rights and legal interests of individuals in the armed services during world war i and ensure that they would not be distracted by legal obligations at home. The soldiers and sailors civil relief act the act was passed to help tackle the unique problems that service personnel encounter trying to balance their personal financial lives and the rigors of military service. Advisory legal opinion soldiers and sailors relief act. The soldiers and sailors civil relief act of 1940 is essentially a reenactment of the 1918 statute. This new law replaces the soldiers and sailors civil relief act of 1940.
On october 17, 1940, the soldiers and sailors civil relief act was approved by the president. Soldiers and sailors civil relief act of 1940 sscra. The servicemembers civil relief act of 2003 scra, formerly known as the soldiers and. Soldiers and sailors civil relief act of 1918congress passed the first soldiers and sailors civil relief act in 1918 50 app. Definition of soldiers and sailors civil relief act in.
The servicemembers civil relief act scra or act restates, clarifies, and revises the soldiers and sailors civil relief act of 1940 in an effort to help ease the economic and legal burdens on military personnel called to active duty status. Soldiers and sailors civil relief act of 1940 and amendments. Soldiers and sailors civil relief act of 1940 and amendments united states. So many times we see collection agencies, banking institutions as well as credit bureaus that place derogatory information on consumers credit reports. Soldiers and sailors civil relief act provides umbrella. Thus, since 1940, service members have received uninterrupted coverage under the act. In 1940, congress passed the soldiers and sailors civil relief act sscra to provide protection to those called to military service in the armed forces. The scra, enacted in 2003 and amended several times since then, revised and expanded the soldiers and sailors civil relief act of 1940 sscra, a law designed to ease financial burdens on servicemembers during periods of military service. The soldiers and sailors civil relief act sscra, as the statute was initially known, was passed by congress at the start of world war ii to provide protection to those serving in the armed forces.
The sscra was updated after the gulf war in 1991 but remained largely unchanged as of 2003. The scra has been amended since its initial passage, and congress continues to. Definition of soldiers and sailors civil relief act in real. Servicemembers civil relief act scra the official army benefits. The sscra soldiers and sailors civil rights act of 1940 was signed by president bush in december 2003. Servicemembers civil relief act scra the official army. The soldiers and sailors civil relief act sscra of 1940 originated in world war i and was amended by public law 108189 on december 19, 2003. Soldiers and sailors civil relief act washington state. The servicemembers civil relief act scra department of justice. How the soldiers and sailors civil relief act can help you. The sscra provided a number of significant protections to service members. The soldiers and sailors relief act additional resources.
The soldiers and sailors civil relief act sscra of 1940 provides certain rights and privileges for men and women entering or called to active duty in the armed forces of the united states. Article new york state soldiers and sailors civil relief act. Besides going to congress, certain media outlets, which are more helpful to the military personnel, as well as, jag, might be helpful. Based on the 1918 legislation, the act provided for stays in civil proceedings,4 interest rate reduction,5 protection against double. Under the soldiers and sailors civil relief act of 1940, practically all servicemen and women are eligible for relief from these and other debt obligations. In december 2003, president bush signed into law the servicemembers civil relief act scra. Soldiers and sailors civil relief act amendments of 1990. Military members who are called up to active duty may be able to request mortgage relief pursuant to the scra. Reservist and national guard members when in active federal service are also protected under the. Note, however, that the serviceperson may be able to qualify for a deferment. This law was in place to protect the economics and rights of active duty civilians. Although congress has amended the act, its principal purpose remains the same today. Applicability of soldiers and sailors civil relief act.
Under the provisions of the soldiers and sailors civil relief act of 1940 sscra, you may qualify for any or all of the following. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you. The servicemembers civil relief act formerly called the soldiers and sailors civil relief act codified at 50 u. This act was designed to protect the civil rights and legal interests of individuals in the armed services during world war i and ensure that they would not be distracted by legal. The extent to which this statute will affect the general practitioner is. One provision limits the amount of interest that may be collected on mortgages, car loans and credit cards to 6 percent a year. Civil relief act sscra, is a federal law that gives servicemembers critical protections from debts and lawsuits when the servicemember is on active duty. Sullivan, a retired army reserve jag colonel, practices family law in raleigh, nc and is the author of the military divorce handbook american bar association, 2nd ed. Soldiers and sailors civil relief act of 1940 sscra employmentrelated laws you need to know about as employmentrelated lawsuits are becoming more common, its important to be aware of and familiar with the laws that affect employment relationships and the legal effects of simple, everyday decisions.
The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for. The servicemembers civil relief act scra of 2003 was signed into law on december 19,2003, amending and replacing the soldiers and sailors civil relief act of 1940,and is codified at 50 u. Apr 04, 2020 the servicemembers civil relief act scra gives military members a wide range of legal protections not available to the general public. Support for the act has remained so strong that it has been amended more than 12 times since 1940 and has now been recast into the current scra, since 2003. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Congress and the state legislatures have long recognized the need for protective legislation. While the act provides certain protections to all service members, the act details specific benefits to individuals called to active duty in the u. It covers such issues as rental agreements, security. The trial court erred in sustaining the defendant fred millers motion to dismiss in that all statutes of limitations are extended as a matter of law under sections 510.
Soldiers and sailors civil relief act, effective in 1918. Soldiers and sailors civil relief act of 1940 by rose. Information for members of the armed forces and their dependents on rights and protections of the servicemembers civil relief act sec. The soldiers and sailors civil relief act of 1940 1 hereinafter referred to as the sscra provides legal protections for those who are called to active duty in the u. To amend the soldiers and sailors civil relief act of 1940 to enhance the protections for members of the armed forces on active duty, including members of the reserve components of the armed forces. It covers such issues as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit. The scra is a federal law that provides protections for military.
A discussion of the soldiers and sailors civil relief act. Its specific emphasis is on family law issues and the servicemembers civil relief act. The scra covers all active duty service members, reservists. Service members civil relief act washington state courts. It was further amended december 10,2004,by the veterans benefits improvement act of 2004. Act protects servicemembers legal and economic interests by providing for the. A discussion of the soldiers and sailors civil relief.