Soldiers and Sailors Relief Act (SSCRA)
What is SSCRASoldiers’ and Sailors' Civil Relief Act, also known as SSCRA, is a US federal by law that defends any member of the uniformed services serving on active duty and any reserve personnel called to active duty, as well as officers of the Public Health Services, National Oceanic and Atmospheric Administration from civil prosecution. It also helps with debt relief. When people are faced with situations like this, they can ask the military Lawyers for advice. Listed below are five of the top soldiers and sailors relief act questions.
If someone had a settlement agreement for his or her credit card. The party’s ship left for a 7-month deployment, they mailed the second and final payment to Credit Card Company and the bank received it late. The party had sent the payments in advance of the deadline; instead of this credit card account, being paid off it is now in collections. Is there anything that can protect the party because they were on deployment and the mail runs slower?There is nothing in SSCRA that grants protections based on problems with mailing. The individual could tale that issue with the court, as a factual argument why the settlement should be honored; there isn’t any automatic right to it in the law.
The SSCRA would stop any action from being started, without court approval, while you were deployed, but it doesn’t stop the action once you return.
Can someone that is a reserve physician that is being deployed use the Soldiers and Sailors Act for help in dissolving the contract with the outpatient hospital?The act makes it possible for the individual to break specific kinds of leases and service contracts, but not this kind of employment contract. If the individual needs additional information, they can ask the Military Lawyers for insights and solutions.
Can the Soldiers and Sailors Act help someone in the military with their overdue credit card debt due to interest incurred?The Act does not stop an action of this sort. First, this type of leave is not covered in the Act. Second, the Act doesn’t concern itself with the charging of interest except when someone is deployed. Finally, the Act only restricts legal actions being taken against you while you are deployed, not once you are back.
If someone owes child support and mortgage payments to a spouse, but is deployed how can the Soldiers and Sailors Act help?While he/she is in active duty they can file a motion with the court to stay (delay) any court petition for child support that has been filed. Therefore, if the spouse files to get more money in child support the military spouse could request that the court delay a decision under the Soldiers and Sailors Act. The delay will last until the military spouse is able to return to the area to attend court.
If someone has been married to a Marine (Sgt) for 7 years, and was ordered to pay mortgage and utilities, is there anything the Marines can do to enforce payment?When the couple is still married, with no court order, the commander could only order the marine to pay the entirety of the BAH. Because the commander could make this order and all of it should go to the wife. If the wife is not getting the amount that she is suppose to then she needs to get in touch with an O-4 level officer in the husband’s chain of command. Get an address, send a letter certified mail requesting that an order be given requiring all of the BAH. Until there is a court order this it really her only recourse. The military can’t garnish wages without a valid court order or divorce decree.
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