CONSUMER ALERT

MIKE COX

ATTORNEY GENERAL

The Attorney General provides Consumer Alerts to inform the public of unfair, misleading, or deceptive business practices, and to provide information and guidance on other issues of concern. 

THE SERVICEMEMBERS CIVIL RELIEF ACT -

FEDERAL LAW PROTECTIONS FOR
MILITARY PERSONNEL ON ACTIVE DUTY

Overview

The Servicemembers Civil Relief Act (SCRA) protects the civil rights of military personnel while they are on active duty.  

The SCRA offers a variety of protections.  First, the law provides for the temporary suspension of legal proceedings and transactions that could adversely affect servicemembers' legal rights. Servicemembers may generally obtain a stay of any pending civil or administrative action until 90 days after their service terminates, and the court may extend this period, and a request for a stay may be filed after active duty within the same 90-day period.  Thus, the SCRA can protect an active member of the military against foreclosure and evictions, debt collection proceedings, and other legal actions.

The SCRA also enables active-duty military personnel under certain circumstances to terminate a lease or rental agreement for a dwelling or automobile.  In addition, lenders must generally reduce the annual interest rate on an outstanding loan to no more than 6%.

But according to recent reports, active-duty personnel continue to experience legal nightmares when landlords, debt collectors, lenders, and other creditors pursue legal actions despite the SCRA.  (See "Creditors Press Troops Despite Relief Act," NY Times, 3/28/05, page A1.)

Where to Find More Information on the SCRA

A detailed guide to the SCRA, "A Judge's Guide to the Servicemembers Civil Relief Act," [www.abanet.org/family/military/scrajudgesguidecklist.pdf] is available through the American Bar Association's Section of Family Law, Military Committee.  This excellent resource not only explains the law, but it contains a model motion for a stay of proceedings, supporting letters, flowcharts, and a checklist for judges.  You may wish to provide a copy of the Judge's Guide to your private attorney or to any court in which legal actions are pending.   (To make sure you have the most recent version of the Judge's Guide and for other useful information, you may wish to visit the Military Committee's home page at: www.abanet.org/family/military.)

The U. S. Army Judge Advocate General's Corps [www.jagcnet.army.mil/legal] has compiled an array of helpful information, including a legal assistance locator [http://legalassistance.law.af.mil/content/locator.php] and information on a variety of legal topics, including the SCRA. 

The statutory citation in the United States Code for the SCRA is: 50 U.S.C. App. § 501 et seq. 

Where To Turn For Help

Because the protections available under the SCRA will differ from case to case, the Attorney General recommends obtaining legal assistance through the Armed Forces.

You may search the Armed Forces Legal Assistance Locator at http://legalassistance.law.af.mil/content/locator.php. (Enter your zip code and "999" in the "Distance" box, but do not select Michigan in the "State" box.)

To request verification of active service status contact:

Defense Manpower Data Center [Attn: Military Verification]

1600 Wilson Blvd., Suite 400

Arlington, VA 22209-2593

[Telephone 703-696-6762 or -5790/ fax 703-696-4156]

How To File A Complaint With The Attorney General's Office

If you encounter a business that refuses to recognize your rights under the SCRA, you may file a complaint with the Attorney General's Consumer Protection Division at:

By mail:

Consumer Protection Division

Department of Attorney General
P.O. Box 30213
Lansing, MI 48909

On the Internet:

You may file a complaint online at the Attorney General's web site at:  www.michigan.gov/ag

By phone or fax:

Toll free: 1-877-765-8388
Local (Lansing): 517-373-1140
Fax: 517-241-3771