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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Military Law
Satisfied Customers: 19499
Experience:  B.A.; M.B.A.; J.D.
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The Soldiers and Sailors Civil Relief Act (SSCRA) Violation

Customer Question

The Soldiers and Sailors Civil Relief Act (SSCRA) Violation
Several Court dates happen while I was deployed. NC Courts decided to enter a Default Judgement Against me In 2009 While I was deployed. Due to my High Priority Duties my Chain did not see this as important They Indicated they had Jurisdiction over me not the Courts. I have a (High Clearance level). I was a reservist On Active Duty. According to this act I have 60 days prior to exiting federal service , 90 days after federal Service or Circumstances pending 6 months in some cases. This Act stipulates this 2009 order to be voided If the courts did not grant me a mandatory 90 day stay/If there was no court appointed attorney/if they cannot prove Non Military service/. I want to know if any of you are familiar with this Act. I am about to write up the NC 600 in a demanding manner. Not requesting. But Respectful. I do have a defense already on file. However due to the direct violation I want to sue and go to the DOJ. Your thoughts?
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
Additionally I tried to get this resolved while deployed again in 2012 through a Civilian Lawyer who was the State Attorney for Child Support in 2009. Straight Garbage decision of mine in an effort to get that matter resolved. He had no knowledge of my Military service. At my level and Service I could not tell him. His defense was that the state sent out many Letters and did not serve me at all for proper notification which is correct I was never served or gained knowledge of service. I understand that the Judge ruled that I am was supposed to notify the court of my locations. And the order would stand.
Expert:  Phillips Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.
What I need to know is there an NC lawyer to help Write this NCV600 Up for the local courts this should not be an appeal but a file of Violation to the courts Due to the fact this is at the Federal level. I do not want to leave any room for Negotiation but yet a direct demand to Set aside that 2009 Order. In which there rule 60 will not apply here. Then I can go after the Judge and local courts the child support state Attorney back then in 2009 and current. Also to require the Courts to issue a Bond in the amount of 108,000.
Customer: replied 1 year ago.
I have to have this write done and in the NC courts office by OCT 15
Expert:  Phillips Esq. replied 1 year ago.

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,

Customer: replied 1 year ago.
No Answer?