Have Military Law Questions? Ask a Military Lawyer.
Yes, you do have private right of action under Section 597a of the Servicemembers Civil Relief Act (“SCRA”) to sue for violation of the SCRA including recovering of money damages. The U.S. Department of Justice can also take action to enforce the SCRA under Section 597 of the SCRA. However, in order to have your SCRA case reviewed by the U.S. Department of Justice (“DOJ”), you must first seek the assistance of your military legal assistance office. If that office cannot resolve the complaint, the office may choose to forward the complaint to the DOJ. The DOJ then will review the matter to determine whether DOJ action is appropriate.
Hello, I am not an NC Attorney. So, I cannot help with the preparation of document to be filed in NC Courts. So, I will opt out in the hopes that an NC Attorney would further assist you.
Goodluck with your case,