Servicemembers Civil Relief Act

Creditors must reduce the interest rate on debts to 6% for liabilities incurred before you entered active duty. If the debt is a mortgage, the reduced rate extends for one year after active military service. The reduced interest rate applies to credit card debts, car loans, business obligations, some student loans and other debts, as well as fees, service charges and renewal fees. Creditors can challenge this provision if they believe your ability to pay a rate higher than 6% is not materially affected by your military service.

No sale, foreclosure or seizure of property for nonpayment of preservice mortgage debt is valid if made during or within nine months after your service on active duty, unless carrying out a valid court order. This can provide tremendous protection from foreclosure in the many states permitting foreclosures to proceed without involving the courts. If you miss a mortgage payment, you should contact your legal assistance office immediately.

The Internal Revenue Service and state and local taxing authorities must defer your income taxes due before or during your military service if your ability to pay the income tax is materially affected by military service. No interest or penalty can be added because of this type of deferral.

You and your family cannot be evicted for nonpayment of rent without a court order regardless of the language of your rental agreement or local laws. This protection applies to residences where the monthly rent is below a certain amount. Contact your nearest legal assistance office for the most up-to-date figures. If your ability or your family’s ability to pay rent is materially affected by your military service, you may apply to the court, and the court must either grant a 90-day delay in eviction proceedings or adjust obligations under the lease in a way agreeable to all parties.

If, while on active duty, a civil action, a civil proceeding or an administrative proceeding is filed against you, the judge must appoint a lawyer to represent you in your absence. The court must grant a delay, or stay, of at least 90 days if it determines there may be a defense to the action and the defense cannot be presented without your attendance.

If you cannot participate in a civil court action or administrative proceeding because of your military service, you can request a 90-day delay or stay, in the proceeding. You are automatically entitled to this delay if you follow all of the requirements. The judge, magistrate or hearing officer can grant an additional 90-day stay. Proceedings may include actions for divorce, child paternity and support cases, and foreclosure proceedings. This protection does not apply to any criminal court or criminal administrative proceedings.

If you own a small business, your nonbusiness assets and military pay are protected from creditors while you are on active duty. This applies to business debts or obligations.

You may terminate your residential lease along with other types of leases, including agricultural, professional and business, by delivering a written notice of termination. This applies if you entered into a lease and then started military service or entered into a lease during military service and then received PCS orders. It also applies when you have orders to deploy with a military unit or as an individual in support of a military operation for no less than 90 days. You must provide a written notice of termination and a copy of your military orders, hand-delivered or by return-receipt mail, to the property owner.

You may terminate an automobile lease under certain specific circumstances. Here are some examples of circumstances: You signed the lease agreement before being called to active duty, signed a lease agreement and then received PCS orders OCONUS or signed a lease agreement and then received orders to deploy.

You may request termination of cell phone service or phone exchange service if you entered a contract before receiving military orders to relocate for no less than 90 days to a location that does not support the contract.

Property cannot be repossessed for nonpayment or a contract terminated for any payment gaps prior to or during your military service without a court order.

Life insurance companies cannot terminate coverage or require payment of additional premiums if you are in military service. Increases in premiums based on age in individual term insurance is not covered by SCRA. An insurer also may not limit or restrict coverage for any activity required by military service.

Professionals in health care, legal services or another profession, as determined by the secretary of defense, called to active duty may suspend their professional liability insurance policy by written request to the insurance carrier. Premiums for suspended insurance do not have to be paid, and any premiums paid by an individual while on active duty must be refunded. To reinstate suspended insurance, the individual must send a request to the insurance carrier within 30 days of release from active duty.

Like your tax residency, your residency for state, federal or local voting purposes is unaffected by your absence from the state due to military service. Similar protections exist for spouses.