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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26344
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am aware that the SCRA protects service members against collections

Resolved Question:

I am aware that the SCRA protects service members against collections if they are overseas. My two questions are:

1) Does it matter if the debt was incurred during or before active duty?

2) Are Alaska and Hawaii considered overseas for SCRA protection purposes?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Actually the SCRA does not protect against "collections" generally. There are portions of the SCRA that do provide protections agains the civil court process in some specific instances. And there are protections against foreclosure. But no general prohibition against "collections" on a member.

The SCRA can be seen here
http://www.law.cornell.edu/uscode/html/uscode50a/usc_sup_05_50_10_sq9_20_sq1.html


You can see under the general relief provisions, if a member is summoned to court (in most cases) they can obtain a delay of the proceeding if their military unit needs their services. So this portion of the SCRA can be used to delay a hearing while a member is deployed. It does not matter when the debt is incurred...this provision can be used to delay the trial. It can also be used to prevent a default judgment at court.

Now...there is also a portion of the SCRA (again, in the general relief provisions) that sets the maximum rate of interest on debts incurred before military service. This is very specific and only applies to debt incurred PRIOR to entry on active duty.

Now, you ask a question

Are Alaska and Hawaii considered overseas for SCRA protection purposes?

Again, the SCRA does not provide general creditor protections based on overseas service. If someone told you this was the case, they were confused. The SCRA does provide any such provisions. THey do allow for canceling some contracts if the member is transferred to a location where the contract is not supported. But there is nothing that is specific to overseas




P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26344
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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