The Servicemembers Civil Relief Act of 1940 (SCRA) is a federal law that provides extra protections for servicemembers when legal or financial transactions adversely affect their rights during military or uniformed service. These protections are designed to allow servicemembers to devote their full time and energy to defending the United States of America.
The SCRA is located in the United States Code at 50 U.S.C. §§ 3901-4043 and applies to the following servicemembers:
•Active-duty members of the Army, Marine Corps, Navy, Air Force, and Coast Guard;
•Members of the Reserve component when serving on active duty;
•Members of the National Guard component mobilized under federal orders for more than 30 consecutive days; or
•Active duty commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration.
SCRA rights may be exercised by anyone holding a valid power of attorney for the servicemember. Some SCRA protections also apply to dependents.
According to the U.S. Department of Justice, these are five protections that servicemembers often ask about:
•Reducing the interest rate on any pre-service loans to a maximum of 6 percent
•Protections against default judgments in civil cases
•Protections against foreclosure on their home
•Protections again repossession of their property
•Termination of residential housing and automobile leases without penalty
The Servicemembers Civil Relief Act (SCRA) is a federal statute that offers various protections to eligible servicemembers to ensure that their legal and financial obligations do not adversely affect their service to the nation. In Ohio, as in all states, the SCRA applies to active-duty members of the military branches, reservists on active duty, National Guard members federalized for more than 30 days, and commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration. The SCRA allows for a reduction of interest rates to a maximum of 6 percent on pre-service loans and provides safeguards against default judgments, home foreclosures, and property repossessions. Additionally, servicemembers can terminate residential and automobile leases without penalty under certain conditions. These protections are also available to individuals with power of attorney for a servicemember and, in some cases, to their dependents. It's important for servicemembers and their families in Ohio to be aware of these rights and to consult with an attorney if they need assistance invoking SCRA protections.