Servicemembers Civil Relief Act (SCRA)
What is SCRA?SCRA stands for Servicemembers Civil Relief Act. This Act was made up in 2003 that replaced the Soldiers’ and Sailor’s Civil Relief Act (SSCRA). The SCRA however does protect the people who serve in the active military duty for the nation from many poor consequences to their legal rights that can often end in result because of military service. This is so that the person can focus their full attention to the nation’s defense. The Servicemembers Civil Relief Act provides strength and many protection benefits for dependents of the members that are in active duty. This Act also provides a lot of protection for members in civil court and administrative actions, those having issues involving taxation, house or apartment leases, car leases, interest and insurance rates. Many times dealing with anything that involves the Military can be cumbersome since the Military has its own rules and regulations. Read below where questions have been answered by the Experts regarding SCRA.
According to the conditions of the SCRA, in the state of Florida can a condo board file a debt claim against the owner while the owner was called away for active duty?The Servicemembers Civil Relief Act would not be able to stop the condo board from sending a letter out stating what claim was being made, and asking for the payment that is due. Also, the SCRA would not be able to stop a lawyer from following through with the order of the condo board. Even though the condo owner was away on active duty this person is responsible for the payment that was agreed on for the condo.
If someone is protected by SCRA, and they are behind on his/her mortgage payments can a mortgage company foreclose on the home?Each case is different, but in this case the mortgage company can foreclose on their home. The SCRA protects those servicemember’s responsibility on any real or personal property that is secured by either a mortgage, trust deed, or any other security. These conditions consist of:
The responsibility has been maintained before the period of the military service;
The property is still owned by the member; and
The claim has failed to meet the available obligation that has occurred before or during the military service.
Does the SCRA state that when a member is in active duty that the members job must stay open and available?The Servicemembers Civil Relief Act does not state this in the terms. The law that does state this is the Uniform Services Employment and Reemployment Rights Act (USERRA). There are many circumstances that do state this information on the re employment rights of the employee who has left their place of employment because of military duties. With that being said, there is no requirement that the position need to be filled for a temporarily time. One important thing is that the military member or employee has the right to be treated as if they have never left that workplace for military duties. This means that if the employer downsized and the military member would have had their position taken away, then the military member is not entitled to a job.
Will the servicemembers civil relief act cover a spouse even if the service member has no joint account with the spouse?In this current situation the servicemembers civil relief act will not apply to the spouse or dependants. This Act will only apply to debts that have occurred on the military member’s account (not joint account) before entering into active duty. So, if this is a joint account, it could apply to this situation, but it would not apply to the spouse.
When dealing with the Servicemembers Civil Relief Act, and who all this Act will cover can often lead to confusion and frustration. When in doubt of someone’s rights seek legal insight from the Experts.