History of the Servicemembers Civil Relief Act

by | Aug 14, 2013 | Legal Services

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The Servicemembers Civil Relief Act or SCRA dates all the way back to 1940. Its roots can be traced back even further though. Some references claim it can be traced back as far as the Civil War. Regardless, the Servicemembers Civil Relief Act has actually been around for a very long time.

What the Servicemembers Civil Relief Act Does

The act is a Federal law of the United States of America that provides protection for soldiers, sailors, airmen, Army, Navy, the Marines, Coast Guard, commissioned officers serving in public health and employees of the National Oceanic and Atmospheric Administration or NOAA from civil suits while they are on duty. The protection can last well after the date of discharge or retirement.

Types of Protection that the Servicemembers Civil Relief Act Offers

The SCRA offers a variety of protection from civil proceedings. A few of the examples include protection from bankruptcy, foreclosure, eviction, divorce proceedings, breach of contract and more. If a military serviceman or servicewoman is faced with any of these issues, the act may grant a moratorium on any proceedings until the person is either discharged from their military position or retires from their position in the military.

Taking Advantage of the Rights

In order for a military serviceman or servicewoman to receive this protection, they must first file the right paperwork. This protection is not automatic, so it is very important that the military person not ignore the situation. It will not go away. Worse yet, there is no protection unless a person files the proper paperwork or affirmatively requests relief in order to receive the protection.

Overall the Servicemembers Civil Relief Act (“SCRA”) offers a lot of protection. This protection is much deserved too. There is no reason that a military person should ever have to worry about the problems that they can do nothing about while on active duty. Not only is this detrimental the military serviceman or servicewoman but it is also a security risk for the entire military unit. One wandering mind can lead to a missed assignment.

The Servicemembers Civil Relief Act Centralized Verification Service or SCRACVS provides military status verification to determine the rights of people who are on active military duty or have retired from duty. The service verifies which individuals qualify for the protections and rights under the SCRA.