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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Re: Servicemens Civil Relief Act, specifically, the provision

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Re: Servicemen's Civil Relief Act, specifically, the provision that caps a serviceman's credit card debt at 6%.

My wife has enlisted and goes to basic training on Jan 2. The credit cards are all in my name, since I opened the accounts prior to my marrying her and her emigrating on July 31, 2011.

Is there a legal means whereby I can transfer ownership of my bank account to her? If so, will she be eligible for the 6% cap?

Alternatively, as the spouse, and with her as joint owner of my account, am I eligible for the 6% cap?

Our financial institution is USAA, which caters exclusively to current an past military members.
In order to receive protection, the debts would have to be joint debts, meaning in both of your names. What you can do is you can get her to open a credit card in her name and transfer the balances from your credit cards which are your separate debts and not eligible over to a card in her name alone or in her name and your name jointly and then those new accounts would be eligible for protection under the SCRA.


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