Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I am aware that the SCRA protects service members against collections

if they are overseas. My...
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?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 hours by:
7/13/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,666
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,666
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,666
35,666 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

35,666 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My 3 room mates are leaving on deployment. We all signed the
My 3 room mates are leaving on deployment. We all signed the same lease (I was on the same ship as them but was medically discharged so now I'm just a disabled veteran not in active duty). They are us… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are debts incurred by a spouse prior to her marriage to a
Are debts incurred by a spouse prior to her marriage to a active duty serviceman protected under SCRA? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
This may or may not apply to military law but at this point
This may or may not apply to military law but at this point I have to start some where. My daughter is currently deployed with the US Navy and her husband is missing in the state of California (wither… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
I have a question concerning SCRA laws in the state of
Hi, I have a question concerning SCRA laws in the state of Maryland regarding Joint leases. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I PCSd last year and was unable to bring my wife's car with
Hello, I PCSd last year and was unable to bring my wife's car with me. Due to the PCS I was unable to keep up with the payments and it was repossessed. I received a letter in the mail saying the car w… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Is there any military law or time frame to get remarry while
Is there any military law or time frame to get remarry while in the service? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Do you guys deal with military law expunction? no,
Do you guys deal with military law expunction? JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command? Customer: no JA: Are you overseas or stateside? Customer: stateside … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
How come military law enforcement do not have to provide a
How come military law enforcement do not have to provide a copy of a search warrant to the subject until after an investigation is complete? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
I have a military law question. I am a Veteran who was
I have a military law question. I am a Veteran who was discharged without a service connection disability even though I had a disability. … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
My question is about the SCRA interest rate cap of 6% that
My question is about the SCRA interest rate cap of 6% that creditors can charge on balances prior to going onto active duty. The SCRA states it applies to debt of the service member or debt jointly he… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
I have a question re SCRA's 6% cap on mortgage interest
I have a question re SCRA's 6% cap on mortgage interest loans taken out "prior to active duty". … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Forgive for my question not having to do with military law.
Please forgive for my question not having to do with military law. I am trying to find out who is the Army Procurement Officer or Buyer. Phelps Composite Towers provides 110' & 150' Aerial Platform Fi… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I have a question regarding military law: is de facto
I have a question regarding military law: is de facto retired status a proper remedy for wrongful discharge? … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Thanks I just need clarification on the military law
thanks I just need clarification on the military law applicable to alimony. I was married 10 years and divorced my first wife on active duty. Is she entitled to a portion of my retirement for life or … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I don't know if this falls under military law per say, but
I don't know if this falls under military law per say, but when I joined the Navy back in 2004, I enrolled in the Loan Repayment Program. I've come to find out that the Navy never paid of the loans an… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Does SCRA 6% cap apply to an owner financed commercial
Does SCRA 6% cap apply to an owner financed commercial property? The mortgagee is not in the business of lending money. The mortgagor did a quick claim deed, moving the property ownership into the nam… read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Second opinion] - Are you saavy on military law? is there
No I got out of active duty like 6 months ago and I had a severe panic attack and went to the ER My question is can Tricare see the lab results from the ER visit … read more
P. Simmons
P. Simmons
Military Lawyer
35,666 satisfied customers
Are you saavy on military law? is there anyone here who
No I got out of active duty like 6 months ago and I had a severe panic attack and went to the ER My question is can Tricare see the lab results from the ER visit … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x