How to Benefit From the Servicemembers Civil Relief Act

By eHow Legal Editor

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The Servicemembers Civil Relief Act allows men and women in the armed forces to postpone certain legal actions against them. In order to benefit from this act, the case that you're facing must meet certain requirements.

Instructions

Difficulty: Moderately Easy

Step1
Meet the active duty requirements. If you are serving in the military or are a reservist or National Guardsman who is active, then you will be covered by this act. Additionally, some benefits may also cover your civilian dependents.
Step2
Prove that you took out a credit card, loan or mortgage prior to your active duty in order to benefit from low interest rates. The Servicemembers Civil Relief Act will guarantee that your interest rates do not go above 6 percent. Send in your deployment paperwork to your creditor no more than 180 days after your deployment in order to get this limit on your rates.
Step3
Request a stay on any legal proceedings against you or those with whom you are directly involved. For example, if you are being sued or in the middle of a divorce procedure, you can postpone any developments until you finish your tour of duty. Note that you will have to request a new stay every 30 to 60 days, depending the type of case.
Step4
Protect your dependents from eviction if your monthly rent is below a certain amount. Speak with a Judge Advocate General to have the proper documentation forwarded to your landlord. Note that the upper limit for this benefit changes every year and you must also prove that your military service makes it difficult for you to afford your payments.
Step5
Enter a grace period on your loans and home mortgage by talking to your JAG. Also, you can use the Servicemembers Civil Relief Act to opt out of car or home leases early with no penalties. You must receive an assignment for 180 days of longer in order to prematurely finish your lease.
Step6
Talk to your JAG about other benefits that may apply to you. For example, you can stop some wage garnishments and delay the enactment of a court order against you.

Tips & Warnings

  • If a default judgment is handed down on one of your cases because you failed to respond due to active duty, you can contact the court to reopen the case once you finish serving.
  • You can take a landlord to court if your dependents are evicted from your residence while you are on active duty.

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eHow Article:  How to Benefit From the Servicemembers Civil Relief Act

eHow Legal Editor

eHow Legal Editor

Category: Legal

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