The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

Changes from February 9, 2021 to June 5, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

The Servicemembers Civil Relief Act (SCRA):
~~February 9, 2021~~June 5, 2023
Section-by-Section Summary
Jennifer K. Elsea
Congress enacted the Servicemembers Civil Relief Act (SCRA) in 2003 in response to the Congress enacted the Servicemembers Civil Relief Act (SCRA) in 2003 in response to the
Legislative Attorney Legislative Attorney
increased deployment of Reserve and National Guard military and as a modernization and increased deployment of Reserve and National Guard military and as a modernization and

restatement of the protections and rights previously available to servicemembers under the restatement of the protections and rights previously available to servicemembers under the
Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA). The SCRA has been amended since its Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA). The SCRA has been amended since its

initial passage, and Congress continues to consider amendments from time to time initial passage, and Congress continues to consider amendments from time to time, most recently in January 2023. .
Congress has long recognized the need Congress has long recognized the need ~~for protective legislation for~~to protect the legal interests of servicemembers whose service to the nation servicemembers whose service to the nation
compromises their ability to meet compromises their ability to meet ~~obligations and protect their legal interests~~certain obligations. The SCRA is an exercise of Congress’s power . The SCRA is an exercise of Congress’s power
to raise and support armies and to declare war. The purpose of the act is to provide for, strengthen, and expedite the national to raise and support armies and to declare war. The purpose of the act is to provide for, strengthen, and expedite the national
defense by protecting servicemembers, enabling them to “devote their entire energy to the defense needs of the Nation.” The defense by protecting servicemembers, enabling them to “devote their entire energy to the defense needs of the Nation.” The
SCRA protects servicemembers by temporarily suspending certain judicial and administrative proceedings and transactions SCRA protects servicemembers by temporarily suspending certain judicial and administrative proceedings and transactions
that may adversely affect their legal rights that may adversely affect their legal rights and financial wellbeing during military service. The SCRA does not provide forgiveness of all debts or during military service. The SCRA does not provide forgiveness of all debts or ~~the~~
~~extinguishment of~~extinguish contractual obligations on behalf of active-duty servicemembers, nor does it grant absolute immunity from contractual obligations on behalf of active-duty servicemembers, nor does it grant absolute immunity from
civil lawsuits. Instead, the SCRA provides for the suspension of claims and protection from default judgments against civil lawsuits. Instead, the SCRA provides for the suspension of claims and protection from default judgments against
servicemembers. In this way, it seeks to balance the interests of servicemembers and their creditors, spreading the burden of servicemembers. In this way, it seeks to balance the interests of servicemembers and their creditors, spreading the burden of
national military service to a broader portion of the citizenry. Some protections are contingent on whether military service national military service to a broader portion of the citizenry. Some protections are contingent on whether military service
materially affects the servicemember’s ability to meet obligations, while others are not. Courts are to construe the SCRA materially affects the servicemember’s ability to meet obligations, while others are not. Courts are to construe the SCRA
liberally in favor of servicemembers, but retain discretion to deny relief in certain cases. The Services are required to provide liberally in favor of servicemembers, but retain discretion to deny relief in certain cases. The Services are required to provide
information to servicemembers explaining their rights under the SCRA. information to servicemembers explaining their rights under the SCRA.
Many of the SCRA provisions are especially beneficial for Reservists activated to respond to a national crisis, but Many of the SCRA provisions are especially beneficial for Reservists activated to respond to a national crisis, but ~~many~~
~~provisions~~a large number are also useful for career military personnel. One measure that are also useful for career military personnel. One measure that ~~affects many who are~~potentially affects those called to active duty is the called to active duty is the
cap on interest at an annual rate of 6% on debts incurred prior to a person’s entry into active-duty military service. Creditors cap on interest at an annual rate of 6% on debts incurred prior to a person’s entry into active-duty military service. Creditors
are required to forgive the excess interest and are prohibited from retaliating against servicemembers who invoke the 6% are required to forgive the excess interest and are prohibited from retaliating against servicemembers who invoke the 6%
interest cap by submitting adverse credit reports solely on that basis. Other measures protect military families from being interest cap by submitting adverse credit reports solely on that basis. Other measures protect military families from being
evicted from rental or mortgaged property; from cancellation of life insurance and professional liability insurance; from evicted from rental or mortgaged property; from cancellation of life insurance and professional liability insurance; from
taxation in multiple jurisdictions; from losing domicile for voting and other purposes due to being stationed elsewhere; from taxation in multiple jurisdictions; from losing domicile for voting and other purposes due to being stationed elsewhere; from
losing child custody due to deployment or the possibility of deployment; from foreclosure of property to pay taxes that are losing child custody due to deployment or the possibility of deployment; from foreclosure of property to pay taxes that are
due; and from losing certain rights to public land. due; and from losing certain rights to public land.
The SCRA makes it unlawful for lienholders or lessors to foreclose or seize property owned or used by servicemembers The SCRA makes it unlawful for lienholders or lessors to foreclose or seize property owned or used by servicemembers
without a court order. It also permits servicemembers to prematurely terminate leases and other term contracts without without a court order. It also permits servicemembers to prematurely terminate leases and other term contracts without
incurring any early termination penalties. Statutes of limitations that might otherwise prevent servicemembers from pursuing incurring any early termination penalties. Statutes of limitations that might otherwise prevent servicemembers from pursuing
remedies in court or before any governmental agency, including state and local entities, are tolled for the duration of the remedies in court or before any governmental agency, including state and local entities, are tolled for the duration of the
servicemember’s military service. Servicemembers may initiate an action in court for relief prior to defaulting on any pre-servicemember’s military service. Servicemembers may initiate an action in court for relief prior to defaulting on any pre-
service obligation or liabilityservice obligation or liability~~, in order~~ to obtain restructuring of loan repayments or other equitable relief without incurring to obtain restructuring of loan repayments or other equitable relief without incurring
any penalty. Servicemembers may bring an action in court to enforce their rights under the SCRA, or the Attorney General any penalty. Servicemembers may bring an action in court to enforce their rights under the SCRA, or the Attorney General
may bring a civil action in U.S. district court for violations of the SCRA by a person who (1) engages in a pattern or practice may bring a civil action in U.S. district court for violations of the SCRA by a person who (1) engages in a pattern or practice
of violating the act; or (2) engages in a violation that raises an issue of significant public importance. of violating the act; or (2) engages in a violation that raises an issue of significant public importance.
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~~The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary~~

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The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

Introduction
The Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA)1 provided civil protections and The Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA)1 provided civil protections and
rights to individuals based on their service in the U.S. Armed Forces. Congress enacted the rights to individuals based on their service in the U.S. Armed Forces. Congress enacted the
Servicemembers Civil Relief Act (SCRA)2 in 2003 in response to the increased deployment of Servicemembers Civil Relief Act (SCRA)2 in 2003 in response to the increased deployment of
Reserve and National Guard military and as a modernization and restatement of the protections Reserve and National Guard military and as a modernization and restatement of the protections
and rights previously available to servicemembers under the SSCRA.3 The SCRA has been and rights previously available to servicemembers under the SSCRA.3 The SCRA has been
amended since its initial passage, and Congress continues to consider amendments from time to amended since its initial passage, and Congress continues to consider amendments from time to
time. Most recently, Congress has enacted amendments to extend certain benefits to the spouses time. Most recently, Congress has enacted amendments to extend certain benefits to the spouses
of of ~~servicemembers,4~~servicemembers4 and to provide relief from rental agreements made superfluous due to the and to provide relief from rental agreements made superfluous due to the
stop movement orders issued by the Secretary of Defense stop movement orders issued by the Secretary of Defense ~~to mitigate the spread of coronavirus~~
~~disease 2019 (COVID-19)~~in response to local, national, or global emergencies.5 .5
Congress has long recognized the need Congress has long recognized the need ~~for protective legislation for~~to protect the legal interests of servicemembers whose servicemembers whose
service to the nation compromises their ability to meet service to the nation compromises their ability to meet ~~obligations and protect their legal~~
~~interests~~certain obligations. For example, Congress tolled all judicial actions. For example, Congress tolled all judicial actions ~~during the Civil War~~, civil and , civil and
criminal, criminal, during the Civil War for persons who “by reason of resistance to the execution of the laws of the United for persons who “by reason of resistance to the execution of the laws of the United
States, or the interruption of the ordinary course of judicial proceedings,” were beyond the reach States, or the interruption of the ordinary course of judicial proceedings,” were beyond the reach
of legal process.6 During World War I, Congress passed the Soldiers’ and Sailors’ Civil Relief Act of legal process.6 During World War I, Congress passed the Soldiers’ and Sailors’ Civil Relief Act
of 1918,7 which, unlike many state laws of the Civil War era, did not create a moratorium on legal of 1918,7 which, unlike many state laws of the Civil War era, did not create a moratorium on legal
actions against servicemembers,8 but instead directed trial courts to apply principles of equity to actions against servicemembers,8 but instead directed trial courts to apply principles of equity to
determine the appropriate action to take whenever a servicemember’s rights were implicated in a determine the appropriate action to take whenever a servicemember’s rights were implicated in a
controversy. During World War II, Congress essentially reenacted the expired 1918 statute as the controversy. During World War II, Congress essentially reenacted the expired 1918 statute as the
Soldiers’ and Sailors’ Civil Relief Act of 1940,9 Soldiers’ and Sailors’ Civil Relief Act of 1940,9 ~~and~~ then amended it substantially in 1942 to take then amended it substantially in 1942 to take
into account the new economic and legal landscape that had developed between the wars.10 into account the new economic and legal landscape that had developed between the wars.10

Congress enacted amendments to the 1 Pub. L No. 76-961, 54 Stat. 1178 (1940)1 Pub. L No. 76-961, 54 Stat. 1178 (1940) (previously codified at 50 U.S.C. App. §§ 501 et seq.). .
2 Pub. L. No. 108-2 Pub. L. No. 108-89189, 117 Stat. 2836 (2003), 117 Stat. 2836 (2003) (previously codified as amended at 50 U.S.C. App. §§ 501-96). .
3 3 See H.Rept. 108-81, at 32 (2003). H.Rept. 108-81, at 32 (2003). See also, S.Rept. 108-197, at 9 (2003) (stating that the military had activated , S.Rept. 108-197, at 9 (2003) (stating that the military had activated
approximately 300,000 Reserves since September 2001, and that a Department of Defense survey indicated that self-approximately 300,000 Reserves since September 2001, and that a Department of Defense survey indicated that self-
employed Reservists reported an average $6,500 in lost income when mobilized or deployed). employed Reservists reported an average $6,500 in lost income when mobilized or deployed).
4 4 See, , e.g., Pub. L. No. , Pub. L. No. 117-333, §§ 17-19, 136 Stat. 6121, 6136-38 (2023) (various amendments, including provision for portability of professional licenses for servicemembers and their spouses who relocate due to military orders, codified at 50 U.S.C. § 4025a); Pub. L. No. 116-92, § 1739(a), 133 Stat. 1197, ~~116-92, § 1739(a), 133 Stat.~~ 1820 (2019) (guaranteeing spouse’s residency for all purposes)1820 (2019) (guaranteeing spouse’s residency for all purposes) (codified at 50 U.S.C. § 4027); ;
Pub. L. No. 115-407, §§Pub. L. No. 115-407, §§ 301-03, 132 Stat. 301-03, 132 Stat. ~~5373,~~ 5367, 5373 (2018) (codified at 50 U.S.C. §§codified at 50 U.S.C. §§ 3955, 4001, 40253955, 4001, 4025) (permitting spouse of (permitting spouse of
deceased servicemember to terminate lease, permitting servicemember’s spouse to elect same residence for tax deceased servicemember to terminate lease, permitting servicemember’s spouse to elect same residence for tax
purposes, and permitting servicemember’s spouse to elect state of residency for voting purposes regardless of date of purposes, and permitting servicemember’s spouse to elect state of residency for voting purposes regardless of date of
marriage); Pub. L. No. 111-97, marriage); Pub. L. No. 111-97, § 2(a), 123 Stat. 3007 123 Stat. 3007 (2009) (amending previous 50 U.S.C. App. § 595, currently codified at 50 U.S.C. § 4025) (~~(2009) (~~the Military Spouses Residency Relief Act extended residency the Military Spouses Residency Relief Act extended residency
protections to the spouses of active-duty servicemembers).protections to the spouses of active-duty servicemembers).
5 Pub. L. No. 116-158, 5 Pub. L. No. 116-158, § 1(a)-(d), 134 Stat. 706134 Stat. 706, 707 (2020) (2020), (codified at 50 U.S.C. § 3955codified at 50 U.S.C. § 3955). .
6 Act of June 11, 1864, ch 118, 13 Stat 123 (1864). 6 Act of June 11, 1864, ch 118, 13 Stat 123 (1864).
7 40 Stat. 440 (1918). 7 40 Stat. 440 (1918).
8 8 See Boone v. Lightner, 319 U.S. 561, 569 n.2 (U.S. 1943) (describing legislative history stating that a “’sweeping Boone v. Lightner, 319 U.S. 561, 569 n.2 (U.S. 1943) (describing legislative history stating that a “’sweeping
exemption’ such as that provided by most States in Civil War days, was ‘too broad, for there are many cases where the exemption’ such as that provided by most States in Civil War days, was ‘too broad, for there are many cases where the
financial ability of soldiers and sailors to meet obligations in some way is not materially impaired by their entrance into financial ability of soldiers and sailors to meet obligations in some way is not materially impaired by their entrance into
service.’”) (citing Hearings and Memoranda before Senate Judiciary Committee on S. 2859 and H.R. 6361, 65th Cong., service.’”) (citing Hearings and Memoranda before Senate Judiciary Committee on S. 2859 and H.R. 6361, 65th Cong.,
1st and 2d Sess., at 27). 1st and 2d Sess., at 27).
9 Pub. L. No. 76-861, 54 Stat. 1178, (1940). 9 Pub. L. No. 76-861, 54 Stat. 1178, (1940).
10 10 See H.Rept. 108-81, at 33 (2003) (quoting statement by Representative Overton Brooks (D-LA) on the floor of the House H.Rept. 108-81, at 33 (2003) (quoting statement by Representative Overton Brooks (D-LA) on the floor of the House
during consideration of amendments to the SSCRA: “This bill springs from the desire of the people of the United States during consideration of amendments to the SSCRA: “This bill springs from the desire of the people of the United States
to make sure as far as possible that men in service are not placed at a civil disadvantage during their to make sure as far as possible that men in service are not placed at a civil disadvantage during their ~~absence. It springs~~
~~from the inability of men who are in service to properly manage their normal business affairs while away. It likewise~~
~~arises from the differences in pay which a soldier receives and what the same man normally earns in civil life.” 88~~(continued...)
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The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

~~Congress enacted amendments to the~~ SSCRA on several occasions during subsequent conflicts, SSCRA on several occasions during subsequent conflicts,
including in 2002, when the benefits of the SSCRA were extended to certain members of the including in 2002, when the benefits of the SSCRA were extended to certain members of the
National Guard.11 National Guard.11
The SCRA12 is an exercise of Congress’s power to raise and support armies13 and to declare The SCRA12 is an exercise of Congress’s power to raise and support armies13 and to declare
war.14 The purpose of the act is to provide for, strengthen, and expedite the national defense by war.14 The purpose of the act is to provide for, strengthen, and expedite the national defense by
protecting servicemembers, enabling them to “devote their entire energy to the defense needs of protecting servicemembers, enabling them to “devote their entire energy to the defense needs of
the Nation.”15 The SCRA protects servicemembers by temporarily suspending certain judicial and the Nation.”15 The SCRA protects servicemembers by temporarily suspending certain judicial and
administrative proceedings and administrative proceedings and ~~transactions that may adversely affect their legal rights~~financial transactions during during
military service. The SCRA does not provide forgiveness of all debts or the extinguishment of military service. The SCRA does not provide forgiveness of all debts or the extinguishment of
contractual obligations on behalf of active-duty servicemembers, nor contractual obligations on behalf of active-duty servicemembers, nor does it grant absolute immunity grant absolute immunity
from civil lawsuits. Instead, the SCRA provides for the suspension of claims and protection from from civil lawsuits. Instead, the SCRA provides for the suspension of claims and protection from
default judgments against servicemembers. In this way, it seeks to balance the interests of default judgments against servicemembers. In this way, it seeks to balance the interests of
servicemembers and their creditors, spreading the burden of national military service to a broader servicemembers and their creditors, spreading the burden of national military service to a broader
portion of the citizenry.16 Courts are to construe the SCRA liberally in favor of servicemembers, portion of the citizenry.16 Courts are to construe the SCRA liberally in favor of servicemembers,
but retain discretion to deny relief in certain cases.17 but retain discretion to deny relief in certain cases.17
Many of the SCRA provisions are especially beneficial for Many of the SCRA provisions are especially beneficial for ~~Reservists~~members of the National Guard and Reserves activated to respond to a activated to respond to a
national crisis, but some provisions are also useful for career military personnel.18 One measure national crisis, but some provisions are also useful for career military personnel.18 One measure
~~that affects many who are~~that potentially affects those called to active duty is the cap on interest at an annual rate of 6% on called to active duty is the cap on interest at an annual rate of 6% on
debts incurred prior to a person’s entry into active-duty military service.19 Other measures protect debts incurred prior to a person’s entry into active-duty military service.19 Other measures protect
military families from being evicted from rental or military families from being evicted from rental or ~~mortgaged property20; from cancellation of life~~

~~Cong. Rec. H. 5553 (June 11, 1942)).~~
~~11 Veterans Benefits Act of 2002, Pub. L. No. 107-330, 116 Stat. 2820 (2002) (~~ absence. It springs from the inability of men who are in service to properly manage their normal business affairs while away. It likewise arises from the differences in pay which a soldier receives and what the same man normally earns in civil life.” 88 Cong. Rec. H. 5553 (June 11, 1942)). 11 See Veterans Benefits Act of 2002 § 305, Pub. L. No. 107-330, 116 Stat. 2820, 2826 (2002) (amending previous 50 U.S.C. App. § 511(1), currently codified 50 U.S.C. § 3911(2)) (extending benefits of the SSCRA to extending benefits of the SSCRA to
members of the National Guard called up by their respective state governors to support federal efforts during national members of the National Guard called up by their respective state governors to support federal efforts during national
emergencies (including the war against terrorists responsible for the attacks of September 11, 2001)). emergencies (including the war against terrorists responsible for the attacks of September 11, 2001)).
12 One of the amendments effected by Pub. L. No. 108-189 is the change in the name of the act from Soldiers’ and 12 One of the amendments effected by Pub. L. No. 108-189 is the change in the name of the act from Soldiers’ and
Sailors’ Civil Relief Act (SSCRA) to Servicemembers Civil Relief Act (SCRA). The name of the act was changed to Sailors’ Civil Relief Act (SSCRA) to Servicemembers Civil Relief Act (SCRA). The name of the act was changed to
the more inclusive SCRA “because soldiers, sailors, marines and airmen are collectively referred to as the more inclusive SCRA “because soldiers, sailors, marines and airmen are collectively referred to as
‘servicemembers’ in other statutes” H.Rept. 108-81, at 35 (2003). Therefore, all of the historical and legal background ‘servicemembers’ in other statutes” H.Rept. 108-81, at 35 (2003). Therefore, all of the historical and legal background
of this act makes reference to the SSCRA instead of SCRA. This report will use the current name of the act, SCRA, of this act makes reference to the SSCRA instead of SCRA. This report will use the current name of the act, SCRA,
when making reference to any historical or legal background information. when making reference to any historical or legal background information.
13 U.S. CONST. art. I, § 8, cl. 12. 13 U.S. CONST. art. I, § 8, cl. 12.
14 14 Id. art. I, § 8, cl. 11; art. I, § 8, cl. 11; see Dameron v. Brodhead, 345 U.S. 322, 325 (1953) (citing Congress’s powers to declare war, Dameron v. Brodhead, 345 U.S. 322, 325 (1953) (citing Congress’s powers to declare war,
raise and support armies, and enact laws necessary and proper for their exercise to uphold a portion of the SCRA). raise and support armies, and enact laws necessary and proper for their exercise to uphold a portion of the SCRA).
15 50 U.S.C. § 3902 15 50 U.S.C. § 3902 ~~(2018)~~. .
16 16 See In re Watson, 292 B.R. 441, 444 (Bankr. S.D. Ga. 2003) (“Substantial justice may result in detriment to parties Watson, 292 B.R. 441, 444 (Bankr. S.D. Ga. 2003) (“Substantial justice may result in detriment to parties
who are not in the military service.”) (citing Craven v. Vought, 43 Pa. D. & C. 482 (Com. Pl. 1942) (“A stay will be who are not in the military service.”) (citing Craven v. Vought, 43 Pa. D. & C. 482 (Com. Pl. 1942) (“A stay will be
granted, in spite of the possibility that plaintiffs may suffer by not being able to prosecute their claims in the courts and granted, in spite of the possibility that plaintiffs may suffer by not being able to prosecute their claims in the courts and
the sacrifice is one of those which must be made in war for the common good.”)). the sacrifice is one of those which must be made in war for the common good.”)).
17 17 See Boone v. Lightner, 319 U.S. 561, 575 (U.S. 1943) (“The Soldiers’ and Sailors’ Civil Relief Act is always to be Boone v. Lightner, 319 U.S. 561, 575 (U.S. 1943) (“The Soldiers’ and Sailors’ Civil Relief Act is always to be
liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation. liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation.
The discretion that is vested in trial courts to that end is not to be withheld on nice calculations as to whether prejudice The discretion that is vested in trial courts to that end is not to be withheld on nice calculations as to whether prejudice
may result from absence, or absence result from the service. Absence when one’s rights or liabilities are being adjudged may result from absence, or absence result from the service. Absence when one’s rights or liabilities are being adjudged
is usually prima facie prejudicial. But in some few cases absence may be a policy, instead of the result of military is usually prima facie prejudicial. But in some few cases absence may be a policy, instead of the result of military
service, and discretion is vested in the courts to see that the immunities of the Act are not put to such unworthy use.”). service, and discretion is vested in the courts to see that the immunities of the Act are not put to such unworthy use.”).
18 18 See James P. Pottorff, James P. Pottorff, Contemporary Applications of the Soldiers’ and Sailors’ Civil Relief Act, 132 MIL. L. REV. , 132 MIL. L. REV.
115, 118 (1991) (noting that many of the protections of the SCRA are ordinarily unavailable to career servicemembers 115, 118 (1991) (noting that many of the protections of the SCRA are ordinarily unavailable to career servicemembers
because they enter into most major legal and financial obligations, such as mortgages, while on active duty rather than because they enter into most major legal and financial obligations, such as mortgages, while on active duty rather than
prior to entering service). prior to entering service).
19 50 U.S.C. § 3937 19 50 U.S.C. § 3937 ~~(2018).~~
20 Id. ~~§§ 3951, 3953~~. .
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The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

mortgaged property20; from cancellation of life insurance21; from taxation in multiple jurisdictions22; from foreclosure of property to pay taxes insurance21; from taxation in multiple jurisdictions22; from foreclosure of property to pay taxes
that are due23; and from losing certain rights to public land.24 that are due23; and from losing certain rights to public land.24
This report provides a section-by-section summary of the SCRA. This report provides a section-by-section summary of the SCRA.
Title I: General Provisions
Definitions—Section 101 (50 U.S.C. § 3911).
For the purposes of the SCRA, the following definitions apply: For the purposes of the SCRA, the following definitions apply:
‘Servicemember’—Persons covered by the SCRA include members of the “uniformed services” —Persons covered by the SCRA include members of the “uniformed services”
found in 10 U.S.C. § 101(a)(5), which include the Army, Navy, Air Force, Marine Corps, Coast found in 10 U.S.C. § 101(a)(5), which include the Army, Navy, Air Force, Marine Corps, Coast
Guard, and the commissioned corps of the National Oceanic and Atmospheric Administration and Guard, and the commissioned corps of the National Oceanic and Atmospheric Administration and
the Public Health Service. the Public Health Service.
‘Military Service’—“Military service” includes “active duty” as defined in 10 U.S.C. —“Military service” includes “active duty” as defined in 10 U.S.C.
§ 101(d)(1); National Guard service § 101(d)(1); National Guard service ~~as service~~ under a call to active service authorized by the under a call to active service authorized by the
President or the Secretary of Defense for a period of more than 30 consecutive days under 32 President or the Secretary of Defense for a period of more than 30 consecutive days under 32
U.S.C. § 502(f)25 for purposes of responding to a national emergency declared by the President U.S.C. § 502(f)25 for purposes of responding to a national emergency declared by the President
and supported by federal funds; for officers of the Public Health Service or the National Oceanic and supported by federal funds; for officers of the Public Health Service or the National Oceanic
and Atmospheric Administration, “active service” (not further defined); and any period during and Atmospheric Administration, “active service” (not further defined); and any period during
which a servicemember is absent from duty on account of sickness, wounds, leave, or other which a servicemember is absent from duty on account of sickness, wounds, leave, or other
lawful case. lawful case.
“Active duty” for armed services is defined in 10 U.S.C. § 101(d)(1) as “full-time duty in the “Active duty” for armed services is defined in 10 U.S.C. § 101(d)(1) as “full-time duty in the
active military service of the United States ... [including] full-time training duty, annual training active military service of the United States ... [including] full-time training duty, annual training
duty, and attendance, while in the active military service, at a school designated as a service duty, and attendance, while in the active military service, at a school designated as a service
school by law or by the Secretary of the military department concerned.”26 “Active military school by law or by the Secretary of the military department concerned.”26 “Active military
service” is not further defined in Section 101 of Title 10, service” is not further defined in Section 101 of Title 10, U.S. Code, although “active service” is , although “active service” is
given the meaning “service on active duty or full-time National Guard duty,” in 10 U.S.C. given the meaning “service on active duty or full-time National Guard duty,” in 10 U.S.C.
§ 101(d)(3).§ 101(d)(3). A servicemember need not be deployed or stationed abroad for the SCRA to apply.27
Under the SSCRA, the definition of “military service” included language referring to “periods of Under the SSCRA, the definition of “military service” included language referring to “periods of
training or education under the supervision of the United States preliminary to induction into training or education under the supervision of the United States preliminary to induction into
military service.”military service.” ~~Under~~28 In addition, under the SCRA, persons on active duty and attending a service the SCRA, persons on active duty and attending a service ~~school are~~
~~covered, while persons attending training prior to entering active duty, such as officer candidates,~~
~~may not be covered. It is unclear, for example, whether “active military service” under 10 U.S.C.~~

20 Id. §§ 3951, 3953. 21 21 Id. §§ 3972- §§ 3972-~~3979~~79. .
22 22 Id. §§ 4000-01. §§ 4000-01.
23 23 Id. § 3991. § 3991.
24 24 Id. §§ 3292-98. §§ 3292-98.
25 32 U.S.C. § 502(f25 32 U.S.C. § 502(f~~) (2018~~) states that under regulations from the Secretary of the Army or the Secretary of the Air ) states that under regulations from the Secretary of the Army or the Secretary of the Air
Force, a member of the National Guard may be ordered to perform training or other duty in addition to the mandatory Force, a member of the National Guard may be ordered to perform training or other duty in addition to the mandatory
yearly training. yearly training.
26 10 U.S.C. § 2151 defines senior and intermediate service schools to include the following: The Army War College, 26 10 U.S.C. § 2151 defines senior and intermediate service schools to include the following: The Army War College,
The College of Naval Warfare, The Air War College, The Marine Corps War College, The United States Army The College of Naval Warfare, The Air War College, The Marine Corps War College, The United States Army
Command and General Staff College, The College of Naval Command and Staff, The Air Command and Staff College, Command and General Staff College, The College of Naval Command and Staff, The Air Command and Staff College,
and The Marine Corps Command and Staff College. and The Marine Corps Command and Staff College.
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~~The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary~~

~~§ 101(d) covers training as a member of the Reserve Officer Training Corps27 or~~ 27 Warta v. Porter, McGuire, & Kiakona, LLP, 2022 WL 3595091, at *6 (D. Haw. Aug. 23, 2022). 28 Pub. L. No. 76-861 § 101, 54 Stat. 1178, 1179 (1940) (previously codified at 50 U.S.C. App. § 501, currently codified at 50 U.S.C. § 3911). Congressional Research Service 3 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary school are covered, while persons attending training prior to entering active duty, such as officer candidates, may not be covered. It is unclear, for example, whether “active military service” under 10 U.S.C. § 101(d) covers training as a member of the Reserve Officer Training Corps29 or attendance at a attendance at a
military academy.military academy.2830
The SCRA does not cover servicemembers who are absent without leave (AWOL). The SCRA does not cover servicemembers who are absent without leave (AWOL).2931 It apparently It apparently
does not protect individuals who are in a delayed entry statusdoes not protect individuals who are in a delayed entry status~~.30 Nor~~,32 nor does it cover personnel does it cover personnel
entered on the temporary disability retirement list (TDRL).entered on the temporary disability retirement list (TDRL).3133 It does not cover civilian contractor It does not cover civilian contractor
employees who are deployed to serve alongside the Armed Forces.employees who are deployed to serve alongside the Armed Forces.32
34 ‘Period of military service’—A servicemember’s “period of military service” begins when she —A servicemember’s “period of military service” begins when she
enters military service and ends on the date of release from military service or upon death during enters military service and ends on the date of release from military service or upon death during
military service. military service.
It includes periods of military confinement.35 ‘Dependent’—“Dependent” is defined as a servicemember’s spouse or child (as defined for —“Dependent” is defined as a servicemember’s spouse or child (as defined for
purposes of veterans’ benefits, in 38 U.S.C. § purposes of veterans’ benefits, in 38 U.S.C. § ~~10133~~10136), or another individual for whom the ), or another individual for whom the
~~servicemember provided more than one-half of the support in the 180 days prior to an application~~

27 29 See Brown v. United States, 151 F.3d 800Brown v. United States, 151 F.3d 800, 805 (8th Cir. 1998) (holding that senior Reserve Officer Training Corps (8th Cir. 1998) (holding that senior Reserve Officer Training Corps
training activities are “active military service” under the Veterans Benefits Act). training activities are “active military service” under the Veterans Benefits Act).
2830 The question does not appear to have been tested in court, possibly due to the unlikelihood that a person attending a The question does not appear to have been tested in court, possibly due to the unlikelihood that a person attending a
service academy would be materially affected by such status. The law, 37 U.S.C. § 203service academy would be materially affected by such status. The law, 37 U.S.C. § 203 ~~(2018)~~, provides that cadets of , provides that cadets of
the military academies receive compensation at a rate of 35% of the O-1 paygrade. Upon graduation and acceptance of the military academies receive compensation at a rate of 35% of the O-1 paygrade. Upon graduation and acceptance of
their commission in the active military service, their pay increases to full O-1 paygrade. Therefore, it would be unlikely their commission in the active military service, their pay increases to full O-1 paygrade. Therefore, it would be unlikely
that a cadet would be able to claim that entering active duty had a material effect on her ability to pay preexisting debts. that a cadet would be able to claim that entering active duty had a material effect on her ability to pay preexisting debts.
In contexts other than the SCRA, military cadets have been considered to be in active military service for some In contexts other than the SCRA, military cadets have been considered to be in active military service for some
purposes. purposes. See Collins v. United States, 642 F.2d 217, 220-22 (7th Cir.Collins v. United States, 642 F.2d 217, 220-22 (7th Cir. 1981), ), cert. denied, 452 U.S. 964 (1981) (holding a , 452 U.S. 964 (1981) (holding a
cadet at the Air Force Academy to be on active duty for purposes of applying the Feres doctrine to prohibit his bringing cadet at the Air Force Academy to be on active duty for purposes of applying the Feres doctrine to prohibit his bringing
suit against the government); Porath v. McVey, 884 S.W.2d 692, 696 (Mo.App.S.D.1994) (West Point cadet considered suit against the government); Porath v. McVey, 884 S.W.2d 692, 696 (Mo.App.S.D.1994) (West Point cadet considered
to be on active duty for the purpose of determining whether he was “emancipated” under state law, for child support); to be on active duty for the purpose of determining whether he was “emancipated” under state law, for child support);
Minnich v. World War II Serv. Compensation BdMinnich v. World War II Serv. Compensation Bd., 57 N.W.2d 803, 804 (Iowa 1953) (plaintiff awarded military bonus , 57 N.W.2d 803, 804 (Iowa 1953) (plaintiff awarded military bonus
for time during World War II as military cadet based on definition of “active duty” that included “active service” at an for time during World War II as military cadet based on definition of “active duty” that included “active service” at an
“armed forces school”). “armed forces school”).
29 31 See United States v. Hampshire, 95 F.3d 999, 1005 (10th Cir. 1996) (servicemember who was AWOL at the time of United States v. Hampshire, 95 F.3d 999, 1005 (10th Cir. 1996) (servicemember who was AWOL at the time of
filing and throughout divorce proceedings was not on “active duty” and was “definitionally precluded by the plain filing and throughout divorce proceedings was not on “active duty” and was “definitionally precluded by the plain
language of the SSCRA from availing himself of its benefits”)language of the SSCRA from availing himself of its benefits”).
30; Massimino v. Knox Hills LLC, No. 3:15-CV-00080-GNS, 2016 WL 843383, at *2 (W.D. Ky. Mar. 1, 2016) (“Since it is uncontested that Plaintiff was AWOL at the time of her removal from the apartment, the protections of the SCRA do not apply.”). 32 See Donahou v. Presidential Limousine & Auto Sales, Inc Donahou v. Presidential Limousine & Auto Sales, Inc., 2007 WL 1229342 (W.D. Ark. April 24, 2007) (holding , 2007 WL 1229342 (W.D. Ark. April 24, 2007) (holding
that individual who enlisted in the military through a delayed entry program is not in the “military service” while that individual who enlisted in the military through a delayed entry program is not in the “military service” while
participating in the delayed entry programparticipating in the delayed entry program~~. Therefore~~, and the SCRA does not cover a contract concluded while in the the SCRA does not cover a contract concluded while in the
program because it is treated under the SCRA as a pre-service contract.). program because it is treated under the SCRA as a pre-service contract.).
31 33 See Cronin v. United States, 765 F.3d 1331, 1334 (Fed. Cir. 2014) (six-year statute of limitations not tolled for the period Cronin v. United States, 765 F.3d 1331, 1334 (Fed. Cir. 2014) (six-year statute of limitations not tolled for the period
the servicemember was listed on the TDRL); Dean v. United States, 92 Fed. Cl. 133, 151 (2010), the servicemember was listed on the TDRL); Dean v. United States, 92 Fed. Cl. 133, 151 (2010), aff'd, 416 F. App’x , 416 F. App’x
908 (Fed. Cir. 2011), 908 (Fed. Cir. 2011), cert. denied, 565 U.S. 1111 (2012) (servicemember whose name appears on the TDRL is , 565 U.S. 1111 (2012) (servicemember whose name appears on the TDRL is
considered “temporarily retired” until such time as he “return[s] to active duty,” indicating that Congress did not deem considered “temporarily retired” until such time as he “return[s] to active duty,” indicating that Congress did not deem
a servicemember to be on active duty while on the TDRL). a servicemember to be on active duty while on the TDRL).
32 34 See Abbattista v. United States, 95 F. Supp. 679, 681–82 (D.N.J. 1951) (Abbattista v. United States, 95 F. Supp. 679, 681–82 (D.N.J. 1951) (~~Contractor~~contractor who was performing work on a who was performing work on a
steamship usually done by seamen was not in military service for purposes of the SCRA). steamship usually done by seamen was not in military service for purposes of the SCRA).
~~33 38 U.S.C. § 101(4) (2018)~~ 35 See Lowe v. United States, 79 Fed. Cl. 218, 227 (2007) (declining to follow Mantz v. Mantz, 69 N.E.2d 637, 639 (Ohio Com. Pl. 1946)). 36 38 U.S.C. § 101(4) defines child as a person who is unmarried and under the age of 18; who before attaining defines child as a person who is unmarried and under the age of 18; who before attaining
the age of 18 became permanently incapable of self-support; or who after attaining the age of 18 and until completion the age of 18 became permanently incapable of self-support; or who after attaining the age of 18 and until completion
of education or training (but not after attaining the age of twenty-three) is pursuing a course of instruction at an of education or training (but not after attaining the age of twenty-three) is pursuing a course of instruction at an
approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of
a a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged
father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child’s father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child’s
~~support or has been, before his death, judicially decreed the father of such child, or if he is otherwise shown by~~
~~evidence to be the father of the said child.~~(continued...)
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servicemember provided more than one-half of the support in the 180 days prior to an application for relief under the act. This language appears to codify courts’ treatment of the term “dependent” for relief under the act. This language appears to codify courts’ treatment of the term “dependent”
as relating to financial dependency rather than strict familial relationships.as relating to financial dependency rather than strict familial relationships.3437
‘Court’—The term “court” includes federal and state courts and administrative agencies, whether —The term “court” includes federal and state courts and administrative agencies, whether
or not a court or agency of record. or not a court or agency of record.
‘State’—“State” includes —“State” includes a commonwealth, territory, or possession of the United States and the commonwealth, territory, or possession of the United States and the
District of Columbia. District of Columbia.
‘Secretary Concerned’—With respect to a member of the Armed Forces, “secretary concerned” —With respect to a member of the Armed Forces, “secretary concerned”
~~refers to the meaning~~is defined in 10 U.S.C. § 101(a)(9) in 10 U.S.C. § 101(a)(9)3538 with respect to commissioned officers of the with respect to commissioned officers of the
Public Health Service, the Secretary of Health and Human Services; and with respect to Public Health Service, the Secretary of Health and Human Services; and with respect to
commissioned officers of the National Oceanic and Atmospheric Administration, the Secretary of commissioned officers of the National Oceanic and Atmospheric Administration, the Secretary of
Commerce. Commerce.
‘Motor Vehicle’—“Motor vehicle” is a vehicle driven or drawn by mechanical power and —“Motor vehicle” is a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public streets, roads, and highways, but does not include a manufactured primarily for use on public streets, roads, and highways, but does not include a
vehicle operated only on a rail line (as defined in 49 U.S.C. § 30102(a)(7)). vehicle operated only on a rail line (as defined in 49 U.S.C. § 30102(a)(7)).
‘Judgment’—“Judgment” includes any judgment, decree, order, or ruling, final or temporary.—“Judgment” includes any judgment, decree, order, or ruling, final or temporary.3639
Jurisdiction and applicability of act—Section 102 (50 U.S.C. § 3912).
The SCRA applies everywhere in the United States, including the District of Columbia, and in The SCRA applies everywhere in the United States, including the District of Columbia, and in
any territory “subject to the jurisdiction of” the United States.any territory “subject to the jurisdiction of” the United States.40 It applies to any civil judicial or It applies to any civil judicial or
administrative proceeding in any court or agency in any jurisdiction subject to the act; however, it administrative proceeding in any court or agency in any jurisdiction subject to the act; however, it
does not apply to criminal proceedings.does not apply to criminal proceedings.41
Protection of persons secondarily liable—Section 103 (50 U.S.C.
§ 3913).
The SCRA extends protection to persons who share a debt with one or more covered The SCRA extends protection to persons who share a debt with one or more covered
servicemembers or have secondary liability as a “surety, guarantor, endorser, accommodation servicemembers or have secondary liability as a “surety, guarantor, endorser, accommodation
maker, co-maker, or other person who is or may be primarily or secondarily subject to the maker, co-maker, or other person who is or may be primarily or secondarily subject to the
obligation or liability” at issue.obligation or liability” at issue.3742 If the SCRA provisions are invoked as to the servicemember, the If the SCRA provisions are invoked as to the servicemember, the
court has discretion to grant a stay, postponement, or suspension of the proceedings against such court has discretion to grant a stay, postponement, or suspension of the proceedings against such
~~persons, or to set aside or vacate a judgment.38 Whether a court grants such relief appears to be~~
~~influenced by equitable considerations, including whether the servicemember is able to appear in~~
~~court, whether the servicemember’s presence is necessary for the defense, and whether an unjust~~

34 support or has been, before his death, judicially decreed the father of such child, or if he is otherwise shown by evidence to be the father of the said child. 37 See, e.g., Balconi v. Dvascas, 507 N.Y.S. 2d 788, 790 (N.Y. Civ. Ct. 1986) (holding ex-spouse of , Balconi v. Dvascas, 507 N.Y.S. 2d 788, 790 (N.Y. Civ. Ct. 1986) (holding ex-spouse of ~~serviceman~~ servicemember who who
relied on his child support payments to be a “dependent” within the meaning of the SCRA who could assert the relied on his child support payments to be a “dependent” within the meaning of the SCRA who could assert the
protection against eviction). protection against eviction).
3538 10 U.S.C. § 101(a)(9)) 10 U.S.C. § 101(a)(9)) ~~(2018)~~ defines “Secretary” as the Secretary of the Army with respect to Army matters; the defines “Secretary” as the Secretary of the Army with respect to Army matters; the
Secretary of the Navy with respect to matters concerning the Navy, Marine Corps, and the Coast Guard when it is Secretary of the Navy with respect to matters concerning the Navy, Marine Corps, and the Coast Guard when it is
operating as a service of the Department of the Navy; the Secretary of the Air Force with respect to matters concerning operating as a service of the Department of the Navy; the Secretary of the Air Force with respect to matters concerning
the Air Forcethe Air Force and the Space Force; and the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is ; and the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is
not operating as a service in the Department of the Navy. not operating as a service in the Department of the Navy.
~~36Pub~~39 Veterans Benefits Improvement Act of 2004, Pub. L. No. 108-454. L. No. 108-454 § 701, 118 Stat. 3598, 3624 (adding subsection (9) to previous 50 U.S.C. App. § 501, currently codified at 50 U.S.C. § 3911). 40 50 U.S.C. § 3912(a). 41 Id. § 3912(b). 42 Id. § 3913(a~~, 118 Stat. 3598 (2004) (the definition of the term “judgment” was added by Title VII of the~~
~~Veterans Benefits Improvement Act of 2004, titled Improvements to Servicemembers Civil Relief Act).~~
~~37 50 U.S.C. § 3912(a) (2018).~~
38 Id. ~~§ 3912(b~~). ).
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persons, or to set aside or vacate a judgment.43 Whether a court grants such relief appears to be influenced by equitable considerations, including whether the servicemember is able to appear in court, whether the servicemember’s presence is necessary for the defense, and whether an unjust forfeiture could otherwise result.44~~forfeiture could otherwise result.39~~ If the servicemember is only nominally a party to the suit, as If the servicemember is only nominally a party to the suit, as
in cases of negligence where the insurance company might be considered the “true defendant,” in cases of negligence where the insurance company might be considered the “true defendant,”
the the ~~modern trend is to~~court may deny a stay. deny a stay.4045 Courts do not have Courts do not have ~~the~~ discretion to grant a stay to a co-discretion to grant a stay to a co-
debtor if the servicemember has not been granted a stay.debtor if the servicemember has not been granted a stay.4146
The act added the term “co-maker” The act added the term “co-maker”4247 to the list of persons who may be entitled to a stay in an to the list of persons who may be entitled to a stay in an
action that has been stayed with respect to a servicemember. This effectively codifies courts’ action that has been stayed with respect to a servicemember. This effectively codifies courts’
interpretations of the previous version of the SCRA.interpretations of the previous version of the SCRA.4348
Bail bondsmen who are unable to procure the appearance of the principal due to that person’s Bail bondsmen who are unable to procure the appearance of the principal due to that person’s
active-duty service receive protection under the act.active-duty service receive protection under the act.4449 In such a case, the court hearing the charge In such a case, the court hearing the charge
may not enforce the bond during the period of military service of the accusedmay not enforce the bond during the period of military service of the accused, and has and has ~~the~~
discretion to return the bail in its entirety to the bail bondsman in the interest of equity and discretion to return the bail in its entirety to the bail bondsman in the interest of equity and
justice.justice.4550 While some courts have interpreted this subsection to allow for no discretion, While some courts have interpreted this subsection to allow for no discretion,4651 others others
have required sureties to make a further showing that the appearance of the principal was in fact have required sureties to make a further showing that the appearance of the principal was in fact
prevented due to military service and that the surety made an effort to secure the appearance of prevented due to military service and that the surety made an effort to secure the appearance of
the principal in court.the principal in court.4752
Persons who are primarily or secondarily liable on the obligation of a person in military service Persons who are primarily or secondarily liable on the obligation of a person in military service
may waive their rights under the SCRA, but such a waiver must be executed in a separate may waive their rights under the SCRA, but such a waiver must be executed in a separate
instrument from that which creates the obligation.instrument from that which creates the obligation.4853 If the individual executes the waiver and then 43 Id. § 3913(b). 44 ~~If the individual executes the waiver and then~~
~~enters active military service, the waiver as applied to the individual, or to the dependents of the~~
~~person, is invalidated.49 In the event that the waiver is executed after the person receives orders to~~
~~active duty, but before entering active service, the waiver remains valid.50~~

39 Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act ~~[§ 3-7].~~
40 See ~~Tabor v. Miller, 269 F. Supp. 647, 650 (D. Pa.~~§ 3-7 (2006), https://vdocuments.net/the-servicemembers-civil-relief-act-guide.html?page=70 (hereinafter JA 260). 45 See Tabor v. Miller, 269 F. Supp. 647, 650 (D. Pa.) (stay of proceedings was denied where servicemember did not claim he was precluded by service from appearing and his insurer had rejected an offer to settle within the limits of the policy), ), aff’d, 389 F.2d 645 (3d Cir.), , 389 F.2d 645 (3d Cir.), cert. denied sub nom. Stearns v. Stearns v.
~~Tabor, 391 U.S. 915 (1968) (stay of proceedings was denied where servicemember did not claim he was precluded by~~
~~service from appearing and his insurer had rejected an offer to settle within the limits of the policy).~~
41 Tabor, 391 U.S. 915 (1968).W.E. Shipley, Annotation, Soldiers’ and Sailors’ Civil Relief Act of 1940, as Amended, as Affecting Negligence Actions, 75 A.L.R.2d 1062 § 4 (Originally published in 1961) (discussing cases considering whether to grant a stay based on assertion that a defendant servicemember “was merely a nominal party who would not be held on the judgment, which would be enforced against his liability insurer or some other party jointly or secondarily liable”). 46 See In re Cockerham, 336 B.R. 592, 594 (Bankr S.D. Ga 2005) (“The protections extended to the codebtor should be Cockerham, 336 B.R. 592, 594 (Bankr S.D. Ga 2005) (“The protections extended to the codebtor should be
consistent with the protections extended to the servicemember.”). consistent with the protections extended to the servicemember.”).
4247 A co-maker is “one of two or more persons who sign an instrument to indicate a promise to pay a financial A co-maker is “one of two or more persons who sign an instrument to indicate a promise to pay a financial
obligation. Any co-maker may be sued for the entire amount of the indebtedness, although a co-maker who is forced to obligation. Any co-maker may be sued for the entire amount of the indebtedness, although a co-maker who is forced to
pay more than his or her share may seek contribution from the other co-makers.” Merriam-Webster’s Dictionary of pay more than his or her share may seek contribution from the other co-makers.” Merriam-Webster’s Dictionary of
Law (2001). Law (2001).
43 48 See Modern Indus. Bank v. Zaentz, 29 N.Y.S.2d 969, 972-73 (N.Y. Mun. Ct. 1941) (stay available only where “a stay is Modern Indus. Bank v. Zaentz, 29 N.Y.S.2d 969, 972-73 (N.Y. Mun. Ct. 1941) (stay available only where “a stay is
already operative in favor of the obligor in military service”); Modern Indus. Bank v. Grossman, 40 N.Y.S.2d 628, 630 already operative in favor of the obligor in military service”); Modern Indus. Bank v. Grossman, 40 N.Y.S.2d 628, 630
(1943) (denying bank’s application for a stay where servicemember defendant had not acquired a stay or interposed a (1943) (denying bank’s application for a stay where servicemember defendant had not acquired a stay or interposed a
defense). defense).
4449 50 U.S.C. § 3913(c) 50 U.S.C. § 3913(c) ~~(2018).~~
45. 50 Id.
4651 See United States v. Jeffries, 140 F. 2d 745 (7th Cir. 1944) (holding forfeiture of bond mandatory without requiring a United States v. Jeffries, 140 F. 2d 745 (7th Cir. 1944) (holding forfeiture of bond mandatory without requiring a
showing that the defendant was actually in military service). showing that the defendant was actually in military service).
~~47 See Ex parte Moore, 12 So.2d 77 (Ala. 1943) (“mere circumstance of military service” insufficient to show bail~~
~~bondsman was unable to procure the presence of servicemember);~~ 52 See Tri-State Bonding Co. v. State, 567 S.W.2d 937, 942 (Ark. 1978); Cumbie v. State, 367 S.W.2d 693Cumbie v. State, 367 S.W.2d 693, 694 (Tex. Civ. App. (Tex. Civ. App.
1963) (requiring a showing of some unsuccessful effort to secure defendant’s appearance and that his active military 1963) (requiring a showing of some unsuccessful effort to secure defendant’s appearance and that his active military
service prevented his appearance)service prevented his appearance).
~~48 50 U.S.C. § 3913(d) (2018).~~
49 ~~Id.~~
50 Id; Ex parte Moore, 12 So.2d 77, 78 (Ala. 1943) (“mere circumstance of military service” insufficient to show bail bondsman was unable to procure the presence of servicemember). 53 50 U.S.C. § 3913(d).
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enters active military service, the waiver as applied to the individual, or to the dependents of the person, is invalidated.54 In the event that the waiver is executed after the person receives orders to active duty, but before entering active service, the waiver remains valid.55
Extension of protections to citizens serving with allied forces—
Section 104 (50 U.S.C. § 3914).
The SCRA protects citizens of the United States who serve in the Armed Forces of allies of the The SCRA protects citizens of the United States who serve in the Armed Forces of allies of the
United States in the prosecution of a war or military action, as long as such service is similar to United States in the prosecution of a war or military action, as long as such service is similar to
~~the~~ service in the U.S. Armed Forces. service in the U.S. Armed Forces.
Notification of benefits—Section 105 (50 U.S.C. § 3915).
Military authorities are required to provide servicemembers with written information describing Military authorities are required to provide servicemembers with written information describing
their rights and benefits under the SCRAtheir rights and benefits under the SCRA, but it does not specify how or which information is to be provided. .
Information for members of the Armed Forces and their
dependents on rights and protections of the Servicemembers Civil
Relief Act—Section 105a (50 U.S.C. § 3916).
Military authorities must provide servicemembers with pertinent information on rights and Military authorities must provide servicemembers with pertinent information on rights and
protections available under the SCRA during initial orientation or, in the case of reserve protections available under the SCRA during initial orientation or, in the case of reserve
servicemembers, during initial orientation and when mobilized. Additionally, military authorities servicemembers, during initial orientation and when mobilized. Additionally, military authorities
may provide pertinent information to the adult dependents of servicemembers on the rights and may provide pertinent information to the adult dependents of servicemembers on the rights and
protections available to the servicemembers and dependents. protections available to the servicemembers and dependents.
Extension of rights and protections to Reserves ordered to report
for military service and to persons ordered to report for induction—
Section 106 (50 U.S.C. § 3917).
Benefits under Titles I, II, and III of the SCRA are applicable to servicemembers during the Benefits under Titles I, II, and III of the SCRA are applicable to servicemembers during the
period of time between the date they receive their induction or activation orders and the date they period of time between the date they receive their induction or activation orders and the date they
report for active duty.report for active duty.56 The coverage ends in the event the orders to active duty are revoked. The coverage ends in the event the orders to active duty are revoked.57
Waiver of rights pursuant to written agreement—Section 107
(50 U.S.C. § 3918).
Servicemembers may waive some of the benefits of the SCRA by agreeing to modify or terminate Servicemembers may waive some of the benefits of the SCRA by agreeing to modify or terminate
a contract, lease or bailment, or an obligation secured by a mortgage, trust, deed, lien, or other a contract, lease or bailment, or an obligation secured by a mortgage, trust, deed, lien, or other
security in the nature of a mortgage.security in the nature of a mortgage. ~~In order for~~58 For the waiver to be effective, it must be executed the waiver to be effective, it must be executed
~~during~~ during 54 Id. 55 Id. 56 Id. § 3917(a). 57 Id. 58 Id. § 3918. Congressional Research Service 7 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary or after the servicemember’s period of active military service.or after the servicemember’s period of active military service.59 The written agreement must The written agreement must
specify the legal instrument to which the waiver applies and, if the servicemember is not a party specify the legal instrument to which the waiver applies and, if the servicemember is not a party
to that instrument, the identity of the servicemember concerned.to that instrument, the identity of the servicemember concerned. ~~This section extends the~~
~~protections to servicemembers covered under Section 106 of the act (reservists ordered into active~~
~~duty and persons ordered to report for induction).~~
~~Congress amended the SCRA in 2004 to include two additional requirements for a waiver to be~~
~~effective.51 The first requirement is that it~~60 The waiver must be executed separately from the legal instrument must be executed separately from the legal instrument
to which it appliesto which it applies~~. The second is that it~~ and must be printed in at least 12-point must be printed in at least 12-point type.61 This section extends the protections to servicemembers covered under Section 106 of the act (reservists ordered into active duty and persons ordered to report for induction).62~~type.~~

~~51 Pub. L. No. 108-454, 118 Stat. 3598 (2004).~~
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Exercise of rights under act not to affect certain future financial
transactions—Section 108 (50 U.S.C. § 3919).
The SCRA protects servicemembers from any penalty imposed solely due to their invocation of The SCRA protects servicemembers from any penalty imposed solely due to their invocation of
rights.rights. ~~In other words~~63 For example, a lender cannot revoke a covered person’s credit card , a lender cannot revoke a covered person’s credit card ~~or exercise~~
~~foreclosure rights~~ because the servicemember requests that the rate of interest be capped at 6% because the servicemember requests that the rate of interest be capped at 6%
pursuant to the SCRA. The SCRA provides that no stay, postponement, or suspension of any tax, pursuant to the SCRA. The SCRA provides that no stay, postponement, or suspension of any tax,
fine, penalty, insurance premium, or other civil obligation or liability applied for, or received by, a fine, penalty, insurance premium, or other civil obligation or liability applied for, or received by, a
person in military service can be the sole basis for any of the following: person in military service can be the sole basis for any of the following:
1. a determination by a lender (or other person) that the servicemember is unable to 1. a determination by a lender (or other person) that the servicemember is unable to
pay the civil obligation or liability; pay the civil obligation or liability;
2. a decision by a creditor to deny or to revoke credit; to change the terms of an 2. a decision by a creditor to deny or to revoke credit; to change the terms of an
existing credit arrangement; or to refuse to grant credit in substantially the existing credit arrangement; or to refuse to grant credit in substantially the
amount, or on substantially the terms, requested; amount, or on substantially the terms, requested;
3. an adverse creditworthiness report by, or to, a consumer credit information 3. an adverse creditworthiness report by, or to, a consumer credit information
enterprise; enterprise;
4. an insurer’s refusal to sell insurance coverage; 4. an insurer’s refusal to sell insurance coverage;
5. an annotation by the creditor or a credit reporting agency to reference the 5. an annotation by the creditor or a credit reporting agency to reference the
servicemember’s reserve or National Guard military status on her credit report; servicemember’s reserve or National Guard military status on her credit report;
or or
6. a change in the terms offered or conditions required for issuance of insurance. 6. a change in the terms offered or conditions required for issuance of insurance.64
Creditors may, however, take adverse action against a servicemember who fails to comply with Creditors may, however, take adverse action against a servicemember who fails to comply with
obligations after they are adjusted by reason of the act.obligations after they are adjusted by reason of the act.5265 The act does not appear to preclude The act does not appear to preclude
insurers or creditors from offering different terms or conditions, denying credit, or taking other insurers or creditors from offering different terms or conditions, denying credit, or taking other
adverse actions based solely on the servicemember’s status in anticipation that the servicemember adverse actions based solely on the servicemember’s status in anticipation that the servicemember
might later invoke a right under the act. might later invoke a right under the act.
~~Legal representatives—Section 109 (50 U.S.C. § 3920).~~
~~Legal representatives, such as attorneys or persons possessing a power of attorney, may assert the~~
~~benefits of the act when acting on the servicemember’s behalf.~~
~~Title II: General Relief~~
~~Sections 201 through 208 describe the general relief available in most kinds of court actions.~~
~~They serve to suspend civil liabilities of military personnel and preserve causes of action either~~
~~for or against them.~~

52 See 59 Id. § 3918(a). 60 Id. 61 Id. § 3918(c). 62 Id. § 3918(d). 63 50 U.S.C. § 3919. 64 Id. 65 See Murphy v. Bank of Am., 2012 WL 5954144, at *3 (N.D. Ala. Nov. 28, 2012) (“So long as the creditor has a valid and alternative reason for its action, the creditor does not violate [the SCRA]”.); Koenig v. Waukesha State Bank, 2006 WL 2334841 at *7 (E.D. Wis. 2006) ( Koenig v. Waukesha State Bank, 2006 WL 2334841 at *7 (E.D. Wis. 2006) (finding that SCRA does not prohibit adverse SCRA does not prohibit adverse
credit report based on servicemember’s failure to make payments during the stay period.); Rodriguez v. Am. Express, credit report based on servicemember’s failure to make payments during the stay period.); Rodriguez v. Am. Express,
2006 WL 908613 at *7 (E.D. Cal. 2006) (2006 WL 908613 at *7 (E.D. Cal. 2006) (~~Credit~~holding that credit reports that truthfully reflect credit problems, such as late payments, reports that truthfully reflect credit problems, such as late payments,
are not actionable under the SCRA.). are not actionable under the SCRA.).
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The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

Legal representatives—Section 109 (50 U.S.C. § 3920). Legal representatives, such as attorneys or persons possessing a power of attorney, may assert the benefits of the act when acting on the servicemember’s behalf. Title II: General Relief Sections 201 through 208 describe the general relief available in most kinds of court actions. They serve to suspend civil liabilities of military personnel and preserve causes of action either for or against them. Protection of servicemembers against default judgments—Section
201 (50 U.S.C. § 3931).
In a civil lawsuit, the failure of the defendant to appear in court may result in the award of a In a civil lawsuit, the failure of the defendant to appear in court may result in the award of a
default judgment on behalf of the plaintiff.default judgment on behalf of the plaintiff.5366 The SCRA protects servicemembers from default The SCRA protects servicemembers from default
judgments in civil actions when they are unable to appear in court due to military service.judgments in civil actions when they are unable to appear in court due to military service.67 An An
amendment to the act in amendment to the act in ~~200854~~2008 added language clarifying that civil lawsuits include child custody added language clarifying that civil lawsuits include child custody
proceedings.proceedings.68
Before a court can grant a default judgment, a plaintiff must file an affidavit stating that the Before a court can grant a default judgment, a plaintiff must file an affidavit stating that the
defendant is not on active duty in military service defendant is not on active duty in military service and showing necessary facts to support the affidavit showing necessary facts to support the affidavit
or that the plaintiff was unable to determine whether or not the defendant is in military service.or that the plaintiff was unable to determine whether or not the defendant is in military service.55
69 A false affidavit is punishable by imprisonment for up to one year, a fine of up to $1,000, or A false affidavit is punishable by imprisonment for up to one year, a fine of up to $1,000, or
both.both.5670
The court, before entering a default judgment, must also appoint an attorney to represent the The court, before entering a default judgment, must also appoint an attorney to represent the
person on active duty in order to protect her legal rights and interests.person on active duty in order to protect her legal rights and interests.5771 However, if the attorney However, if the attorney
appointed to the case cannot locate the servicemember, actions by the attorney do not waive any appointed to the case cannot locate the servicemember, actions by the attorney do not waive any
defenses or otherwise bind the servicemember.defenses or otherwise bind the servicemember.5872 Additionally, if the court is unable to determine Additionally, if the court is unable to determine
if a defendant is in military service, the court may require a bond if a defendant is in military service, the court may require a bond ~~which~~that may later be used to may later be used to
indemnify the defendant if it is determined that she was in indemnify the defendant if it is determined that she was in the military service and the judgment military service and the judgment
against the defendant is set aside or vacated in part.against the defendant is set aside or vacated in part.~~59 Moreover, if~~73 If a court enters a default a court enters a default
judgment against a servicemember, the court may set aside its judgment if the servicemember judgment against a servicemember, the court may set aside its judgment if the servicemember
files a motion within 60 days after leaving active military service and can demonstrate that files a motion within 60 days after leaving active military service and can demonstrate that
military service prejudiced her availability to appear in court and that there are meritorious or military service prejudiced her availability to appear in court and that there are meritorious or
legal defenses to the suit.legal defenses to the suit.60
~~This section does not provide a means to challenge judgments resulting from cases in which the~~
~~servicemember made an appearance before the court. Some courts have found that a~~
~~communication to the court regarding the servicemember’s military status, and the resulting~~
~~applicability of the SCRA to the suit, constitutes an appearance and bars asserting certain~~
~~defenses61 and negates the right to petition to have the judgment overturned. An informal~~
~~communication, such as a letter or a telegram to the court asking for protection under the SCRA~~

~~53 FED. R. CIV. P. 55.~~
54 74 66 FED. R. CIV. P. 55. 67 50 U.S.C. § 3931. 68 Pub. L. No. 110-181, § 584, 122 Stat. Pub. L. No. 110-181, § 584, 122 Stat. 3, 128 (2008)128 (2008).
55 (amending 50 U.S.C. App. 521(a),§ currently codified at 50 U.S.C. § 3931). 69 This requirement may be satisfied by a statement, declaration, verification, or certificate, in writing, under oath. 50 This requirement may be satisfied by a statement, declaration, verification, or certificate, in writing, under oath. 50
U.S.C. § 3931(b)(4)U.S.C. § 3931(b)(4) ~~(2018).~~
56. 70 Id.§ 3931(c)§ 3931(c) ~~(2018).~~
57. 71 Id.§ 3931(b)(2)§ 3931(b)(2) ~~(2018).~~
58. 72 Id.
5973 Id.§ 3931(b)(3)§ 3931(b)(3) ~~(2018).~~
60. 74 Id.§ 3931(g)§ 3931(g) ~~(2018)~~. If the default was based on a false affidavit by the plaintiff regarding military service of the . If the default was based on a false affidavit by the plaintiff regarding military service of the
defendant, then it is unnecessary for the servicemember to demonstrate that military service prejudiced her ability to defendant, then it is unnecessary for the servicemember to demonstrate that military service prejudiced her ability to
appear in appear in court. Congressional Research Service 9 link to page 11 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary This section does not provide a means to challenge judgments resulting from cases in which the servicemember made an appearance before the court. Some courts have found that a communication to the court regarding the servicemember’s military status, and the resulting applicability of the SCRA to the suit, constitutes an appearance, bars asserting certain defenses, and negates the right to petition to have the judgment overturned.75 An informal communication, such as a letter or a telegram to the court asking for protection under the SCRA, ~~court.~~
~~61 See Vara v. Vara, 171 N.E.2d 384, 392 (Ohio Com. Pl. 1961) (holding defendant’s initial appearance by the filing of~~
~~a motion for relief under the SCRA and by the representations and arguments of his attorney was an appearance by~~
~~defendant for a purpose other than to test the court’s jurisdiction and for a purpose other than to test the sufficiency and~~
~~service of process, and that such appearance by and on behalf of defendant constituted a general appearance precluding~~
~~relief from judgment).~~
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should not be counted as an appearance,should not be counted as an appearance,6276 but some courts have found that a letter from a legal but some courts have found that a letter from a legal
assistance attorney constitutes an appearanceassistance attorney constitutes an appearance~~, waiving~~ and waives the servicemember’s protection against a the servicemember’s protection against a
default judgment.default judgment.6377 An appearance by defendant’s counsel may also waive protection, unless the An appearance by defendant’s counsel may also waive protection, unless the
counsel was appointed pursuant to this section.counsel was appointed pursuant to this section.6478
Subsection (h) contains a provision to protect the rights of a bona fide purchaser by stating that Subsection (h) contains a provision to protect the rights of a bona fide purchaser by stating that
vacating, setting aside, or reversing any judgment under the SCRA will not impair any right or vacating, setting aside, or reversing any judgment under the SCRA will not impair any right or
title acquired by any bona fide purchaser for value under the judgment. Therefore, it may be title acquired by any bona fide purchaser for value under the judgment. Therefore, it may be
impossible to recover property that impossible to recover property that ~~had been~~was attached to satisfy a default judgment, although the attached to satisfy a default judgment, although the
servicemember servicemember ~~would have~~has the right to damages for the value of the property. the right to damages for the value of the property.6579
Stay of proceedings when servicemember has notice—Section 202
(50 U.S.C. § 3932).
A court may stay further proceedings in civil litigation, including any child custody proceeding, A court may stay further proceedings in civil litigation, including any child custody proceeding,
where the servicemember’s ability to participate in the litigation, as either the where the servicemember’s ability to participate in the litigation, as either the ~~plaintiff66~~plaintiff or the or the
defendant, is materially affected by absence due to military service.defendant, is materially affected by absence due to military service.80 It applies to servicemembers It applies to servicemembers
who are in military service or within 90 days after termination or release from military service. who are in military service or within 90 days after termination or release from military service.
The court must grant a stay of at least 90 days upon receipt of a qualifying application by the The court must grant a stay of at least 90 days upon receipt of a qualifying application by the
servicemember. The court may also grant a stay with respect to co-defendants who are not servicemember. The court may also grant a stay with respect to co-defendants who are not
~~themselves protected under the SCRA.67~~
~~In an application for a stay under this section, the servicemember must set forth facts stating the~~
~~manner in which current military duty requirements materially affect her ability to appear, and~~
~~state a date when she will be able to appear. Additionally, the servicemember must submit a letter~~
~~from her commanding officer certifying that leave is not authorized to attend proceedings at that~~
~~time. While a stay is considered under the SCRA as a reasonable imposition upon an individual~~
~~citizen on behalf of those discharging their obligations to the common defense, it is not available~~
~~to shield wrongdoing or lack of diligence or to postpone relief indefinitely, or to be used to stay~~
~~proceedings in matters where the interests or safety of the general public may be at stake.68 Courts~~

62themselves protected under the SCRA.81 75 See Vara v. Vara, 171 N.E.2d 384, 392 (Ohio Com. Pl. 1961) (holding defendant’s initial appearance by the filing of a motion for relief under the SCRA and by the representations and arguments of his attorney was an appearance by defendant for a purpose other than to test the court’s jurisdiction and for a purpose other than to test the sufficiency and service of process, and that such appearance by and on behalf of defendant constituted a general appearance precluding relief from judgment). 76 See Kramer v. Kramer, 668 S.W. 2d 457, 458 (Tex. Ct. App. 1984) (letter from servicemember invoking the SCRA Kramer v. Kramer, 668 S.W. 2d 457, 458 (Tex. Ct. App. 1984) (letter from servicemember invoking the SCRA
and requesting a stay did not constitute an “appearance” for the purpose of providing personal jurisdiction); Rutherford and requesting a stay did not constitute an “appearance” for the purpose of providing personal jurisdiction); Rutherford
v. Bentz, 104 N.E.2d 343, 345 (Ill. App. Ct. 1952) (telegram by defendant to judge invoking the SCRA did not v. Bentz, 104 N.E.2d 343, 345 (Ill. App. Ct. 1952) (telegram by defendant to judge invoking the SCRA did not
constitute a general appearance, since communication was to the judge as an individual and not to the court); constitute a general appearance, since communication was to the judge as an individual and not to the court); see
generally ~~The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act~~
~~[§ 3-2].~~
63JA 260, supra, note 44 § 3-3a. 77 See Skates v. Stockton, 683 P.2d 304, 306 (Ariz. Ct. App. 1984) (holding that a letter to the trial court from a legal Skates v. Stockton, 683 P.2d 304, 306 (Ariz. Ct. App. 1984) (holding that a letter to the trial court from a legal
assistance attorney requesting a stay constituted an appearance and therefore waived the servicemember’s protections assistance attorney requesting a stay constituted an appearance and therefore waived the servicemember’s protections
from a default judgment). from a default judgment).
6478 See Blankenship v. Blankenship, 82 So. 2d 335, 340 (Ala. 1978) (holding that attorney’s representation of Blankenship v. Blankenship, 82 So. 2d 335, 340 (Ala. 1978) (holding that attorney’s representation of
servicemember constituted appearance in court and precluded relief from default judgment). servicemember constituted appearance in court and precluded relief from default judgment).
65 79 See Hanson v. Crown Toyota Motors, Inc., 572 P.2d 380, 381 (Utah 1977) (Hanson v. Crown Toyota Motors, Inc., 572 P.2d 380, 381 (Utah 1977) (~~Because~~finding that wrongful repossession of vehicle wrongful repossession of vehicle
during a period of military service deprived the court of an opportunity to preserve the status quo, during a period of military service deprived the court of an opportunity to preserve the status quo, ~~it had the~~ giving it authority to authority to
award damagesaward damages.). ).
66 80 50 U.S.C. § 3932. See Pub. L. No. 108-454Pub. L. No. 108-454, § 703, 118 Stat 3598, 118 Stat 3598, 3624 (2004) (adding the words “plaintiff or” before “defendant” in the introductory (2004) (adding the words “plaintiff or” before “defendant” in the introductory
statement of the sectionstatement of the section~~. The former~~; the SSCRA contained both terms “plaintiff” and “defendant,” but prior to the 2004 SSCRA contained both terms “plaintiff” and “defendant,” but prior to the 2004
amendment to the SCRA, the term “plaintiff” had been omitted). amendment to the SCRA, the term “plaintiff” had been omitted).
67 81 See Pandolfo v. Labach, 727 F. Supp. 2d 1172, 1172 (D.N.M. 2010) (“The Court sees no sound reason for proceeding to Pandolfo v. Labach, 727 F. Supp. 2d 1172, 1172 (D.N.M. 2010) (“The Court sees no sound reason for proceeding to
trial against [non-servicemember] only to repeat the process once [servicemember] is again available for trial against [non-servicemember] only to repeat the process once [servicemember] is again available for trial …”). Congressional Research Service 10 link to page 11 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary In an application for a stay under this section, the servicemember must set forth facts stating the manner in which current military duty requirements materially affect her ability to appear, and state a date when she will be able to appear. Additionally, the servicemember must submit a letter from her commanding officer certifying that leave is not authorized to attend proceedings at that time. While a stay is considered under the SCRA as a reasonable imposition upon an individual citizen on behalf of those discharging their obligations to the common defense, it is not available to shield wrongdoing or lack of diligence or to postpone relief indefinitely, or to be used to stay proceedings in matters where the interests or safety of the general public may be at stake.82 Courts ~~trial …”).~~
~~68 Boone v. Lightner, 319 U.S. 561, 575 (U.S. 1943) (affirming the denial of a stay where the servicemember was~~
~~deemed to be taking advantage of the protection granted by the SCRA as a matter of policy rather than actual need).~~
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may deny a stay in cases involving purely legal issues or where the servicemember is not the true may deny a stay in cases involving purely legal issues or where the servicemember is not the true
party in interest or in which the presence of the individual is not essential.party in interest or in which the presence of the individual is not essential.6983
A request for a stay under this section does not constitute an appearance for jurisdictional A request for a stay under this section does not constitute an appearance for jurisdictional
purposes or a waiver of any substantive or procedural defense.purposes or a waiver of any substantive or procedural defense.7084 Therefore, a servicemember may Therefore, a servicemember may
apply for relief without waiving the right, for example, to assert that the court has no jurisdiction apply for relief without waiving the right, for example, to assert that the court has no jurisdiction
in the case.in the case.7185 Moreover, additional stays may be granted based on continuing material effect of Moreover, additional stays may be granted based on continuing material effect of
military duty.military duty.7286 If additional stays are denied, the court must appoint counsel to represent the If additional stays are denied, the court must appoint counsel to represent the
servicemember.servicemember.7387 A servicemember who is unsuccessful in securing a stay under this section is A servicemember who is unsuccessful in securing a stay under this section is
precluded from seeking the protections against default judgments granted under Section 201.precluded from seeking the protections against default judgments granted under Section 201.7488
This section is inapplicable to Section This section is inapplicable to Section ~~30175~~301 (protection from eviction or distress). (protection from eviction or distress).89
Fines and penalties under contracts—Section 203 (50 U.S.C. § 3933).
Whenever an action is stayed by the court pursuant to the SCRA, penalties that would otherwise Whenever an action is stayed by the court pursuant to the SCRA, penalties that would otherwise
accumulate against the person for failing to carry out the terms of a contract cannot be imposed accumulate against the person for failing to carry out the terms of a contract cannot be imposed
for the period the stay remains in effect. Even without a stay, courts have the discretion to reduce for the period the stay remains in effect. Even without a stay, courts have the discretion to reduce
or waive any fines or penalties imposed on a servicemember for failure to carry out the terms of a or waive any fines or penalties imposed on a servicemember for failure to carry out the terms of a
contract, but only if the servicemember’s ability to perform those obligations was impaired by contract, but only if the servicemember’s ability to perform those obligations was impaired by
military service. This provision would cover penalties such as early termination fees or fines for military service. This provision would cover penalties such as early termination fees or fines for
late payments.late payments.7690
Stay or vacation of execution of judgments, attachments, and
garnishments—Section 204 (50 U.S.C. § 3934).
If a servicemember is materially affected by reason of service If a servicemember is materially affected by reason of service ~~from complying~~and is unable to comply with a court with a court
judgment or order, the court may, on its own motion, and must, on the application of the judgment or order, the court may, on its own motion, and must, on the application of the
servicemember, stay the execution of any judgment or order against the servicemember and servicemember, stay the execution of any judgment or order against the servicemember and
vacate or stay an attachment or a garnishment of property, money, or debts in the possession of vacate or stay an attachment or a garnishment of property, money, or debts in the possession of
~~the person on active duty for actions or proceedings commenced against the servicemember. This~~
~~section applies to actions brought against the servicemember before or during the period of~~
~~military service or within 90 days after termination of service.~~

69 82 See Boone v. Lightner, 319 U.S. 561, 575 (U.S. 1943) (affirming the denial of a stay where the servicemember was deemed to be taking advantage of the protection granted by the SCRA as a matter of policy rather than actual need). 83 See Posey v. Lake Pend Oreille Sch. Dist. No. 84, 2007 WL 420256 (D. Idaho 2007) (request for stay denied based Posey v. Lake Pend Oreille Sch. Dist. No. 84, 2007 WL 420256 (D. Idaho 2007) (request for stay denied based
on fact that the motion for summary judgment under consideration had been fully briefed, and under advisement, prior on fact that the motion for summary judgment under consideration had been fully briefed, and under advisement, prior
to co-defendants’ activation to active duty) to co-defendants’ activation to active duty) rev’d on other grounds, 546 F.3d 1121 (9th Cir. 2008). , 546 F.3d 1121 (9th Cir. 2008).
7084 50 U.S.C. § 3932(c) 50 U.S.C. § 3932(c) ~~(2019).~~
71. 85 Id.
7286 Id. § 3932(d). § 3932(d).
7387 Id.
7488 Id. § 3932(e). § 3932(e).
7589 Id. § 3932(f). § 3932(f).
~~76 See The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act [§~~
~~6-3] (2006)~~90 See JA 260, supra, note 44 § 6-3. .
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The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary

the person on active duty for actions or proceedings commenced against the servicemember. This section applies to actions brought against the servicemember before or during the period of military service or within 90 days after termination of service. Judgments entered in default in violation of this provision are voidable and do not violate due process.91 Duration and term of stays; co-defendants not in service—Section
205 (50 U.S.C. § 3935).
Stays granted by courts under the SCRA can remain in effect for the entire period of a Stays granted by courts under the SCRA can remain in effect for the entire period of a
servicemember’s military service plus 90 days, or any part thereof.servicemember’s military service plus 90 days, or any part thereof.92 As a practical matter, As a practical matter,
however, courts do not look favorably on protracted stayshowever, courts do not look favorably on protracted stays, and expect most military members to and expect most military members to
make themselves available to participate in proceedings within a reasonable period of time, make themselves available to participate in proceedings within a reasonable period of time,
especially during peacetime if the servicemember is not stationed abroad.especially during peacetime if the servicemember is not stationed abroad.7793 With the court’s With the court’s
approval, suits against any co-defendants not in military service may proceed even if the suit has approval, suits against any co-defendants not in military service may proceed even if the suit has
been stayed with respect to the person in the military. This section does not apply to Sections 202 been stayed with respect to the person in the military. This section does not apply to Sections 202
(stays for actions for which the defendant has notice) and 701 (anticipatory relief).(stays for actions for which the defendant has notice) and 701 (anticipatory relief).94 These sections These sections
contain their own rules for determining the maximum length of a stay.contain their own rules for determining the maximum length of a stay.95
Statute of limitations—Section 206 (50 U.S.C. § 3936).
This section tolls the time period applicable for bringing any action by a covered servicemember This section tolls the time period applicable for bringing any action by a covered servicemember
for an amount of time equal to the person’s period of military service.for an amount of time equal to the person’s period of military service.7896 There is no discretion for There is no discretion for
the court to deny the tolling of an action.the court to deny the tolling of an action.7997 The The ~~time~~period of service is not counted in determining the of service is not counted in determining the
servicemember’s deadline, for example, for exercising the right to redeem real estate that has servicemember’s deadline, for example, for exercising the right to redeem real estate that has
been sold or forfeited to enforce an obligation, tax, or assessment. The section applies not just to been sold or forfeited to enforce an obligation, tax, or assessment. The section applies not just to
an action or proceeding in a court but also to any federal or state board, commission, or agency, an action or proceeding in a court but also to any federal or state board, commission, or agency,
and may be exercised by the servicemember’s heirs, executors, administrators, or assigns, and may be exercised by the servicemember’s heirs, executors, administrators, or assigns,
regardless of whether the right or cause of action arose prior to or during the person’s period of regardless of whether the right or cause of action arose prior to or during the person’s period of
military service.military service.8098 There is no need to show that military service adversely affected the There is no need to show that military service adversely affected the
servicemember’s ability to meet relevant obligations.servicemember’s ability to meet relevant obligations.8199 The section does not toll the statute of The section does not toll the statute of
limitations with respect to federal tax laws.limitations with respect to federal tax laws.100 91 Sarfaty v. Sarfaty, 534 F. Supp. 701, 706 (E.D. Pa. 1982). 92 50 U.S.C. § 3935(a). 93
~~Maximum rate of interest on debts incurred before military~~
~~service—Section 207 (50 U.S.C. § 3937).~~
~~This section caps the maximum interest charged on any debt incurred by a servicemember~~
~~individually or with the servicemembers’ spouse jointly prior to entering active duty at a rate of~~
~~interest no higher than six percent (6%) a year, if the servicemember’s ability to pay is materially~~
~~affected by active-duty status.82 The interest above the 6% cap is to be forgiven by the creditor~~

77 See Roger M. Baron, Roger M. Baron, The Staying Power of the Soldiers’ and Sailors’ Civil Relief Act, 32 SANTA CLARA L. REV. 137, , 32 SANTA CLARA L. REV. 137,
141-42 (1992). 141-42 (1992).
7894 50 U.S.C. § 3935(c). 95 Id. §§ 3932, 4021. 96 See Bretherick v. Crittenden Bretherick v. Crittenden ~~County, 2007 U.S. Dist. LEXIS 20213~~Cnty., 2007 WL 890200, at *3 (E.D. Ark. 2007) (stating that SCRA tolling (E.D. Ark. 2007) (stating that SCRA tolling
provision is “crystal clear” in that the period of a servicemember’s military service may not be included in computing provision is “crystal clear” in that the period of a servicemember’s military service may not be included in computing
any period limited by law). any period limited by law).
79 97 See In re Brandt, 437 B.R. 294, 299 (Bankr. M.D. Tenn. 2010) ( Brandt, 437 B.R. 294, 299 (Bankr. M.D. Tenn. 2010) (~~Courts~~explaining that courts have “uniformly concluded that ‘may not’ is have “uniformly concluded that ‘may not’ is
mandatory, not permissive, offers no room for discretion, and that the provision tolls any statute of limitations, general mandatory, not permissive, offers no room for discretion, and that the provision tolls any statute of limitations, general
or special, for the period of the service member’s active dutyor special, for the period of the service member’s active duty.”). ”).
8098 See Giel v. Winter, 503 F. Supp. 2d 208, 211 (D.D.C. 2007) (Giel v. Winter, 503 F. Supp. 2d 208, 211 (D.D.C. 2007) (finding that, where a former naval reserve officer appealed where a former naval reserve officer appealed a decision decision
by the Board for the Correction of Naval Records denying his request for a special selection board remedy to by the Board for the Correction of Naval Records denying his request for a special selection board remedy to
reconsider promotion, the statute of limitations under the Administrative Procedure Act (APA) was tolled during active reconsider promotion, the statute of limitations under the Administrative Procedure Act (APA) was tolled during active
duty under the SCRA). duty under the SCRA).
8199 In re Brandt, 437 B.R. at 299. 100 50 U.S.C. § 3936(c). Congressional Research Service 12 link to page 11 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary Maximum rate of interest on debts incurred before military service—Section 207 (50 U.S.C. § 3937). This section caps the maximum interest charged on any debt incurred by a servicemember individually or with the servicemember’s spouse jointly prior to entering active duty at an interest rate no higher than six percent (6%) per year if the servicemember’s ability to pay is materially affected by active-duty status.101 The interest above the 6% cap is to be forgiven by the creditor and does not accrue as debt to be paid In re Brandt, 437 B.R. at 299.
~~82 The 6% interest rate cap remains in effect during the period of military service and one year thereafter, in the case of~~
~~an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or during~~
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~~and does not accrue to be owed~~ after the debtor’s release from active duty. The monthly payments after the debtor’s release from active duty. The monthly payments
of an obligation or liability covered by this section are to be reduced by the amount in excess of of an obligation or liability covered by this section are to be reduced by the amount in excess of
the 6%, but the terms of the original obligation the 6%, but the terms of the original obligation ~~are to~~ remain the same. The 6% cap is not remain the same. The 6% cap is not
automatic. The servicemember must provide written notice to the creditor along with a copy of automatic. The servicemember must provide written notice to the creditor along with a copy of
her military orders or other appropriate indicator of military service not later than 180 days after her military orders or other appropriate indicator of military service not later than 180 days after
the servicemember is released from military service. A court may grant a creditor relief from this the servicemember is released from military service. A court may grant a creditor relief from this
section if, in the opinion of the court, the ability of the servicemember to pay an interest rate in section if, in the opinion of the court, the ability of the servicemember to pay an interest rate in
excess of 6% is not materially affected by the military service. excess of 6% is not materially affected by the military service.
A servicemember who wrongly receives an adverse credit report or has her credit limit reduced or A servicemember who wrongly receives an adverse credit report or has her credit limit reduced or
further credit denied after invoking the 6% interest cap provision may seek relief through the Fair further credit denied after invoking the 6% interest cap provision may seek relief through the Fair
Credit Reporting Credit Reporting ~~Act83~~Act102 (FCRA) provisions for “adverse actions” and consumer remedies for (FCRA) provisions for “adverse actions” and consumer remedies for
“willful or negligent noncompliance by credit reporting agencies upon consumer showing of “willful or negligent noncompliance by credit reporting agencies upon consumer showing of
causal connection between inaccurate credit report and denial of credit or other consumer causal connection between inaccurate credit report and denial of credit or other consumer
benefit.”benefit.”84103
Historically, federally guaranteed student loans were not eligible for the 6% interest rate cap. Historically, federally guaranteed student loans were not eligible for the 6% interest rate cap.
Section 428(d) of the Federal Family Education Loan Program, which addressed the applicability Section 428(d) of the Federal Family Education Loan Program, which addressed the applicability
of usury laws to federally guaranteed student loans, excluded these loans from the SCRA interest of usury laws to federally guaranteed student loans, excluded these loans from the SCRA interest
rate limitation.rate limitation.~~85 In 2001~~104 In 2008, the Higher Education Opportunity Act amended Section 428(d) to , the Higher Education Opportunity Act amended Section 428(d) to
permit explicitly permit explicitly the application of the SCRA interest rate cap to federally guaranteed student application of the SCRA interest rate cap to federally guaranteed student ~~loans.86~~
~~As of August 14, 2008, federally guaranteed student loans are treated~~loans, treating these loans like all other debts incurred like all other debts incurred
prior to entering active duty. Loans disbursed prior to enactment of the amendment are not prior to entering active duty. Loans disbursed prior to enactment of the amendment are not
covered and therefore are not subject to covered and therefore are not subject to the 6% interest rate limitation.105 The Housing and Economic Recovery Act of 2008~~the 6% interest rate limitation. Additionally,~~
~~servicemembers currently on active duty who received student loans prior to entering active duty~~
~~will not be able to claim the 6% cap, but may be entitled to defer repayment or pursue benefits~~
~~under other laws.87~~
~~In 2008, the Veterans’ Benefits Improvement Act~~ added two new subsections to the SCRA added two new subsections to the SCRA
addressing penalties for violation of Section 207.addressing penalties for violation of Section 207.88106 Section 207, as amended, closely mirrors the Section 207, as amended, closely mirrors the
penalty and preservation of remedies provisions found in other sections of the SCRA. Anyone penalty and preservation of remedies provisions found in other sections of the SCRA. Anyone
who violates the maximum interest prohibition may be fined or imprisoned for not more than one who violates the maximum interest prohibition may be fined or imprisoned for not more than one
year.year.107 An individual claiming protection under this section may also be awarded consequential or An individual claiming protection under this section may also be awarded consequential or
~~punitive damages.~~
~~The 6% cap does not apply to loans made after entry into military service; however, Congress has~~
~~enacted legislation to protect servicemembers and their dependents from certain practices of so-~~
~~called payday lenders.89~~

punitive damages.108 101 The 6% interest rate cap remains in effect during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or during the period of military service, in the case of any other obligation or liability (Pub. L. No. 110-the period of military service, in the case of any other obligation or liability (Pub. L. No. 110-~~289~~189, sec. 1, §207, 122 , 122 Stat. 2835, 2844 (2008) (previously codified at 50 U.S.C. App. § 527, currently codified at 50 U.S.C. § 3937). 102~~Stat. 2654~~
~~(2008)).~~
83 Fair Credit Reporting Act, Pub. L. No. 91-508, 84 Stat. 1128 (1970) Fair Credit Reporting Act, Pub. L. No. 91-508, 84 Stat. 1128 (1970), (codified at 15 U.S.C. §§ 1681-1697rcodified at 15 U.S.C. §§ 1681-1697r). 103 See JA 260, supra, note 44, § 6-4. 104 20 U.S.C. § 1078(d). 105 20 U.S.C. § 1078 note. 106 Pub. L. No. 110-289, § 2203, 122 Stat. 2654, 4189 (2008) (amending previous 50 U.S.C. App. § 527, currently codified at 50 U.S.C. § 3937). 107 50 U.S.C. § 3937(e). 108 Id. § 4042..
~~84 See The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act [§~~
~~3-8].~~
~~85 20 U.S.C. § 1078(d).~~
~~86 Pub. L. No. 110-315, 122 Stat. 3078 (2008).~~
~~87See The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act [§~~
~~6-2].~~
~~88 Pub. L. No. 110-389, 122 Stat. 4189 (2008).~~
~~89 Pub. L. No. 109-364, § 670(a) 120 Stat. 2266 (2006), codified as amended at 10 U.S.C. § 987. For an overview of~~
~~these protections, see Douglas W. Buchanan,~~ ~~Update: State and Federal Servicemembers Civil Relief Legislation and~~
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The 6% cap does not apply to loans made after entry into military service. However, Congress has enacted legislation to protect servicemembers and their dependents from certain practices of so-called payday lenders.109 Child custody protection—Section 208 (50 U.S.C. § 3938).
Added in 2014, Section 208 provides protections to servicemembers in connection with child Added in 2014, Section 208 provides protections to servicemembers in connection with child
custody proceedings beyond the stay provisions discussed above.custody proceedings beyond the stay provisions discussed above.90110 If a court enters a temporary If a court enters a temporary
change in custody based solely on the deployment or anticipated deployment of a servicemember, change in custody based solely on the deployment or anticipated deployment of a servicemember,
the order must expire no later than the conclusion of a period of time justified by the deployment. the order must expire no later than the conclusion of a period of time justified by the deployment.
The section also prohibits a court from considering The section also prohibits a court from considering ~~deployment91~~deployment or possible deployment of the or possible deployment of the
custodial parent as the sole factor in determining the best interest of the child when contemplating custodial parent as the sole factor in determining the best interest of the child when contemplating
a permanent change in custody.a permanent change in custody.111 Finally, the section does not create a right to remove the child Finally, the section does not create a right to remove the child
custody dispute to a federal courtcustody dispute to a federal court;, and it does not preempt state law that provides greater and it does not preempt state law that provides greater
protections for deploying servicemembers. protections for deploying servicemembers.
Annual notice regarding child custody protection— (50 U.S.C.
§ 3938a).
This provision, added in 2016, requires the secretaries of each military department to ensure that This provision, added in 2016, requires the secretaries of each military department to ensure that
servicemembers receive servicemembers receive ~~annually~~annual, and prior, and prior to -to-deployment, notice of the child custody protections deployment, notice of the child custody protections
under the SCRA.under the SCRA.92112
Title III: Rent, Installment Contracts, Mortgages,
Liens, Assignments, Leases, Telephone Service
Contracts
Sections 301 through 308 provide protections from eviction and loss of other benefits or rights Sections 301 through 308 provide protections from eviction and loss of other benefits or rights
due to the failure of a servicemember to meet payments on rent, loans, mortgages, or insurance due to the failure of a servicemember to meet payments on rent, loans, mortgages, or insurance
policies. Unlike the other parts of the SCRA, the rights described in these sections can be asserted policies. Unlike the other parts of the SCRA, the rights described in these sections can be asserted
by a servicemember’s dependents in their own right. by a servicemember’s dependents in their own right.
Evictions and distress—Section 301 (50 U.S.C. § 3951).
Under this sectionUnder this section, as it was enacted in 2003, unless a court orders otherwise, a landlord or person as it was enacted in 2003, unless a court orders otherwise, a landlord or person
with “paramount title” may not evict a servicemember or her dependents from a rented home with “paramount title” may not evict a servicemember or her dependents from a rented home
(such as an apartment, a trailer, or a house occupied as a residence by the servicemember or (such as an apartment, a trailer, or a house occupied as a residence by the servicemember or
~~dependents) if the rent is $2,400 per month or less. Nor can the property be subject to distress~~
~~without a court order during the servicemember’s period of service. Traditionally, the rent ceiling~~
~~is adjusted annually for inflation, and in 2018 the amount was $3,716.73.93~~

109 Pub. L. No. 109-364, § 670(a), 120 Stat. 2083, 2266 (2006) (codified as amended at 10 U.S.C. § 987). For an overview of these protections, see Douglas W. Buchanan, Update: State and Federal Servicemembers Civil Relief Legislation and Cases, 61 CONSUMER FIN. L.Q. REP. 348, 349-50 (2007). For an explanation of “payday lending,” see CRS Report , 61 CONSUMER FIN. L.Q. REP. 348, 349-50 (2007). For an explanation of “payday lending,” see CRS Report
R44868, R44868, Short-Term, Small-Dollar Lending: Policy Issues and Implications, by Darryl E. Getter. , by Darryl E. Getter.
90110 Pub. L. No. 113-291, Pub. L. No. 113-291, ~~128 Stat. 3384 (2014).~~
91§ 566(a), 128 Stat.3292, 3384-85 (2014). 111 Deployment is defined to mean the movement or mobilization of a servicemember to a location for a period of longer Deployment is defined to mean the movement or mobilization of a servicemember to a location for a period of longer
than 60 days and not longer than 540 days pursuant to temporary or permanent official orders that do not permit than 60 days and not longer than 540 days pursuant to temporary or permanent official orders that do not permit
accompaniment by family members. 50 U.S.C. § 3938(e)accompaniment by family members. 50 U.S.C. § 3938(e) ~~(2018).~~
92 . 112 Pub. L. No. 114-328, div. A § 573, 130 Stat. Pub. L. No. 114-328, div. A § 573, 130 Stat. 1999, 2141 (2016) (codified at 50 U.S.C. § 3938a)~~2141 (2016)~~. This provision was . This provision was not enacted as part of the SCRA. Congressional Research Service 14 link to page 11 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary dependents) if the rent is $2,400 per month or less.113 Nor can the property be subject to distress without a court order during the servicemember’s period of service.114 Traditionally, the rent ceiling is adjusted annually for inflation, and for 2022 the amount was $4,214.28.115~~not enacted as part of the SCRA.~~
~~93 Publication of Housing Price Inflation Adjustment, 83 Fed. Reg. 5,409 (Feb. 7, 2018) (The Secretary of Defense is~~
~~required to publish annually in the Federal Register the rent ceiling amount adjusted for inflation.).~~
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~~The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary~~

In a case where the landlord seeks a court order for the eviction of a servicemember or her In a case where the landlord seeks a court order for the eviction of a servicemember or her
dependents, the court is obligated to stay the proceedings for up to three months if dependents, the court is obligated to stay the proceedings for up to three months if ~~the~~
~~servicemember requests it~~requested. In the alternative, the court may adjust the obligation under the lease . In the alternative, the court may adjust the obligation under the lease
to preserve the interests of all to preserve the interests of all of the parties. Section 202 (stay of proceedings when servicemember the parties. Section 202 (stay of proceedings when servicemember
has notice) of the act is not applicable to this section. has notice) of the act is not applicable to this section.
The section provides that anyone who knowingly takes part in an eviction or distress in violation The section provides that anyone who knowingly takes part in an eviction or distress in violation
of this section can be punished by imprisonment for up to one year, a fine as provided in Title 18, of this section can be punished by imprisonment for up to one year, a fine as provided in Title 18,
U.S. Code, or both., or both.116
Additionally, courts are allowed to grant landlords, or other persons with “paramount title,” Additionally, courts are allowed to grant landlords, or other persons with “paramount title,”
equitable relief in cases where a stay is granted.equitable relief in cases where a stay is granted.117 For example, a court For example, a court ~~might~~can reduce the monthly reduce the monthly
rent for the duration of a servicemember’s deployment but require the servicemember to make up rent for the duration of a servicemember’s deployment but require the servicemember to make up
the difference over time after her return.the difference over time after her return.94118 If the court orders payment to the landlord, Subsection If the court orders payment to the landlord, Subsection
(d) authorizes the Secretary concerned to make an allotment from the servicemember’s military (d) authorizes the Secretary concerned to make an allotment from the servicemember’s military
pay to satisfy the terms of the order. pay to satisfy the terms of the order.
Protection under installment contracts for purchase or lease—
Section 302 (50 U.S.C. § 3952).
Except by court order, no one who has collected a deposit as partial payment for property, where Except by court order, no one who has collected a deposit as partial payment for property, where
the remainder of the price is to be paid in installments, can repossess the property or cancel the the remainder of the price is to be paid in installments, can repossess the property or cancel the
sale, lease, or bailment because of the failure to meet the terms of the contractsale, lease, or bailment because of the failure to meet the terms of the contract, if the buyer enters if the buyer enters
active-duty military service after paying the deposit and subsequently breaches the terms of the active-duty military service after paying the deposit and subsequently breaches the terms of the
contract.contract.119 A violation of this section is punishable by imprisonment for up to one year, a fine as A violation of this section is punishable by imprisonment for up to one year, a fine as
provided in Title 18, provided in Title 18, U.S. Code, or both., or both.120 A plaintiff suing for relief after a violation of this section need not allege that the violation was intentional.121 A court may order the cancellation of the installment A court may order the cancellation of the installment
sale, sale, ~~mandating~~mandate the return of the property to the seller as well as the return of paid installments to the return of the property to the seller as well as the return of paid installments to
the buyer, the buyer, ~~or the court may~~ stay the proceedings, or order such other disposition of the property stay the proceedings, or order such other disposition of the property
the court deems equitable.the court deems equitable.122 This section does not permit a servicemember This section does not permit a servicemember ~~unilaterally to~~to unilaterally terminate terminate
a a contract, although the servicemember may contract, although the servicemember may ~~be able to~~ bring an action under Section 701 for bring an action under Section 701 for
anticipatory anticipatory relief, as discussed further below. 113 50 U.S.C. § 3951(a)(1). 114 Id. 115 See Publication of Housing Price Inflation Adjustment, 87 Fed. Reg. 1,001 (Mar 29, 2022) (The Secretary of Defense is required to publish annually in the Federal Register the rent ceiling amount adjusted for inflation.). 116 Applicable fines are set forth in 18. U.S.C. § 3571. 117 Id. § 3951(b)(2). 118 See JA 260, supra, note 44, § 4-3. 119 50 U.S.C. § 3952(a) 120 Id. § 3952(b). 121 United States v. COPOCO Cmty. Credit Union, 2017 WL 57236, at *3 (E.D. Mich. Jan. 5, 2017). 122 Id. § 3952(c). Congressional Research Service 15 link to page 11 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary ~~relief, as discussed further below.~~
Mortgages and trust deeds—Section 303 (50 U.S.C. § 3953).
This section covers servicemembers who, prior to a period of active military service, entered into This section covers servicemembers who, prior to a period of active military service, entered into
a property transaction subject to a mortgage, a property transaction subject to a mortgage, a trust deed, or other security loan.trust deed, or other security loan.123 The sale, The sale,
foreclosure, or seizure of property during a servicemember’s period of military service, and one foreclosure, or seizure of property during a servicemember’s period of military service, and one
year after, is prohibited unless such action is taken under a court order issued prior to foreclosure year after, is prohibited unless such action is taken under a court order issued prior to foreclosure
on the property, or pursuant to an agreement under Section 107 of the act.on the property, or pursuant to an agreement under Section 107 of the act.124 A federal appeals court A federal appeals court
has held that the prohibition on foreclosure bars has held that the prohibition on foreclosure bars ~~the charging of~~charging fees associated with a notice of fees associated with a notice of
foreclosure, even though no foreclosure took place.foreclosure, even though no foreclosure took place.95125 If the servicemember’s ability to comply If the servicemember’s ability to comply
with the terms of the obligation is materially affected by military service and the servicemember with the terms of the obligation is materially affected by military service and the servicemember
thereby breaches the terms of a mortgage, trust deed, or other loan, the court may adjust the thereby breaches the terms of a mortgage, trust deed, or other loan, the court may adjust the
obligation to preserve the interests of all parties, or may stay any proceeding against the obligation to preserve the interests of all parties, or may stay any proceeding against the
servicemember for a period of time as justice and equity require.servicemember for a period of time as justice and equity require.

~~94 See The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act [§~~
~~4-3].~~
~~95 Brewster v. Sun Tr. Mortg., Inc., 742 F.3d 876, 879 (9th Cir. 2014) (holding that “the attempted collection of fees~~
~~related to a Notice of Default on a California property constitutes a violation of [the SCRA]”).~~
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126
Property foreclosure or other similar action against a servicemember protected by this section Property foreclosure or other similar action against a servicemember protected by this section
taken without benefit of a court order is punishable by imprisonment of up to one year, a fine as taken without benefit of a court order is punishable by imprisonment of up to one year, a fine as
provided by Title 18, provided by Title 18, U.S. Code, or both., or both.127
Settlement of stayed cases relating to personal property—Section
304 (50 U.S.C. § 3954).
If a court stays an action for foreclosure on property, repossession, or the cancellation of a sales If a court stays an action for foreclosure on property, repossession, or the cancellation of a sales
contract against a servicemember, the court can appoint three disinterested persons to appraise the contract against a servicemember, the court can appoint three disinterested persons to appraise the
property and, on the basis of the appraisal, order the amount of the servicemember’s equity to be property and, on the basis of the appraisal, order the amount of the servicemember’s equity to be
paid back to the person on active duty as a condition for allowing the foreclosure, repossession, or paid back to the person on active duty as a condition for allowing the foreclosure, repossession, or
cancellation.cancellation.128 The court is required to consider whether its action would cause undue hardship to The court is required to consider whether its action would cause undue hardship to
the servicemember’s dependents—for example, through loss of use of the property.the servicemember’s dependents—for example, through loss of use of the property.96129
Termination of residential or motor vehicle leases—Section 305
(50 U.S.C. § 3955).
Military persons who live in rental property are allowed to terminate leases to which they are a Military persons who live in rental property are allowed to terminate leases to which they are a
party early under certain circumstances. This section applies to (1) property leased for a dwelling party early under certain circumstances. This section applies to (1) property leased for a dwelling
or for professional, business, or farm use, or other similar purpose, where the person leasing the or for professional, business, or farm use, or other similar purpose, where the person leasing the
property later enters active duty in military service, or where the servicemember executes the property later enters active duty in military service, or where the servicemember executes the
lease while in military service and thereafter receives military orders for a permanent change of lease while in military service and thereafter receives military orders for a permanent change of
duty station (PCS) or to deploy with a military unit for a period of at least 90 days; and (2) motor duty station (PCS) or to deploy with a military unit for a period of at least 90 days; and (2) motor
vehicle leases for personal or business transportation where the person later enters active military vehicle leases for personal or business transportation where the person later enters active military
service of not less than 180 days or where the servicemember executes the lease while in military service of not less than 180 days or where the servicemember executes the lease while in military
service and thereafter receives PCS orders outside of the continental United States or to deploy service and thereafter receives PCS orders outside of the continental United States or to deploy
123 Id. § 3953(a). 124 Id. § 3953(c). 125 See Brewster v. Sun Tr. Mortg., Inc., 742 F.3d 876, 879 (9th Cir. 2014) (holding that “the attempted collection of fees related to a Notice of Default on a California property constitutes a violation of [the SCRA]”). 126 50 U.S.C. § 3953(b). 127 Id. § 3953(d). 128 Id. § 3954(a). 129 Id. § 3954(b). See JA 260, supra, note 44, § 4-8. Congressional Research Service 16 link to page 21 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary with a military unit for at least 180 days.130~~with a military unit for at least 180 days.~~ In 2020, Congress expanded these provisions to apply in In 2020, Congress expanded these provisions to apply in
the case of stop movement orders so that a servicemember who has signed a new lease in the case of stop movement orders so that a servicemember who has signed a new lease in
anticipation of a PCS but is prevented from relocating is not subject to paying rent on two anticipation of a PCS but is prevented from relocating is not subject to paying rent on two
premises or paying the leases of unused motor vehicles.premises or paying the leases of unused motor vehicles.97131
Servicemembers who rent premises are advised to ensure the rental agreement contains a Servicemembers who rent premises are advised to ensure the rental agreement contains a
“military” clause to allow for early termination of a lease in case of military orders to deploy.“military” clause to allow for early termination of a lease in case of military orders to deploy.98 132 In In
2004, this right to terminate leases early was expanded to also apply to joint leases.2004, this right to terminate leases early was expanded to also apply to joint leases.99133 The added The added
language specifies that any lease terminated pursuant to this section also terminates any language specifies that any lease terminated pursuant to this section also terminates any
obligation a dependent of the lessee may have under the lease.obligation a dependent of the lessee may have under the lease. ~~In 2018~~134 As subsequently amended, the right to terminate , the right to terminate
leases was extended to include the spouseleases was extended to include the spouse or a dependent of a servicemember who dies while in military service of a servicemember who dies while in military service
or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty
training.training.~~100~~135 In 2019 and 2021, Congress extended the provision to cover a servicemember who In 2019 and 2021, Congress extended the provision to cover a servicemember who
incurs a catastrophic injury or illness during a period of military service or such individual’s incurs a catastrophic injury or illness during a period of military service or such individual’s
spouse or dependent, if the servicemember lacks the mental capacity spouse or dependent, if the servicemember lacks the mental capacity to contract or to manage personal affairs.136~~to contract or to manage~~

~~96 See The Judge Advocate General’s Legal Center & School, U.S. Army, JA 260, Servicemembers Civil Relief Act~~
~~[§ 4-8] (hereinafter JA-260).~~
~~97 Pub. L. No. 116-158, 134 Stat. 706 (2020).~~
~~98 JA-260, supra note 96, [§ 4-7].~~
~~99 Pub. L. No. 108-454, 118 Stat. 3598 (2004).~~
~~100 Pub. L. No. 115-407, § 301, 132 Stat. 5373 (2018).~~
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~~personal affairs.101~~ The spouse or dependent must exercise the right within one year after the The spouse or dependent must exercise the right within one year after the
~~death or~~servicemember’s death, catastrophic injury catastrophic injury, or illness or illness ~~of the servicemember.~~.137 The servicemember must exercise The servicemember must exercise
the right within one year of incurring a catastrophic injury or illness.the right within one year of incurring a catastrophic injury or illness.138
The servicemember may terminate a property lease early by delivering The servicemember may terminate a property lease early by delivering ~~by hand, private business~~
~~carrier, or mailing return receipt requested,~~ a written notice and a copy of her military orders to a written notice and a copy of her military orders to
the lessor or its agentthe lessor or its agent. by hand, private business carrier, or mailing return receipt requested.139 As for a residential lease, if the lease As for a residential lease, if the lease ~~called~~calls for monthly rent, then for monthly rent, then
cancellation takes effect 30 days after the next due date for rent following the day the written cancellation takes effect 30 days after the next due date for rent following the day the written
notice is sent.notice is sent.140 For all other property leases, the cancellation is considered effective at the end of For all other property leases, the cancellation is considered effective at the end of
the month following the month in which the written notice is sent.the month following the month in which the written notice is sent.141 Any unpaid rent prior to the Any unpaid rent prior to the
effective cancellation must be paid to the landlord on a prorated basis.effective cancellation must be paid to the landlord on a prorated basis.142 The servicemember is The servicemember is
entitled to a refund of any prepaid rent for time after the lease is canceled within 30 days of the entitled to a refund of any prepaid rent for time after the lease is canceled within 30 days of the
termination of the lease.termination of the lease.143 The 2010 amendment to the act prohibits the lessor from charging an The 2010 amendment to the act prohibits the lessor from charging an
early termination fee, but the servicemember is liable for any taxes, summonses, or other early termination fee, but the servicemember is liable for any taxes, summonses, or other
obligation in accordance with the terms of the lease.obligation in accordance with the terms of the lease.~~102~~144 A court can make adjustments if the 130 50 U.S.C. § 3955. 131 Pub. L. No. 116-158, §1(a), 134 Stat. 706 (2020) (amending 50 U.S.C. § 3955). 132 JA-260, supra note 129, [§ 4-7]. 133 Pub. L. No. 108-454, § 704, 118 Stat. 3598, 3624-25 (2004) (amending previous 50 U.S.C. App. § 535, currently codified at 50 U.S.C. § 3955). 134 50 U.S.C. § 3955(a)(2). 135 Pub. L. No. 115-407, § 301, 132 Stat. 5368, 5373 (2018) (codified at 50 U.S.C. § 3955(a)(3)). 136 Pub. L. No. 116-92, § 545(a), 133 Stat. 1197, 1377 (2019) (codified at 50 U.S.C. § 3955(a)(4)); Pub. L. No. 116-283, § 549, 134 Stat. 3387, 3620 (2021) (amending 50 U.S.C. § 3955(a)(4)). 137 50 U.S.C. § 3955(a)(3). 138 Id. § 3955(a)(4). 139 Id. § 3955(c). 140 Id. § 3955(d). 141 Id. 142 Id. § 3955(e). 143 Id. § 3955(f). 144 Pub. L. No. 111-275, § 301, 124 Stat. 2865, 2875 (2010) (codified at 50 U.S.C. § 3955(e)). Congressional Research Service 17 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary ~~A court can make adjustments if the~~
landlord petitions the court for an “equitable offset” prior to the date the lease is effectively landlord petitions the court for an “equitable offset” prior to the date the lease is effectively
canceled.canceled.~~103~~145
To terminate a motor vehicle lease early under this section, the servicemember must return the To terminate a motor vehicle lease early under this section, the servicemember must return the
motor vehicle to the lessor or its agent no later than 15 days after the date of delivery of the motor vehicle to the lessor or its agent no later than 15 days after the date of delivery of the
written notice.written notice.146 The cancellation is considered effective on the day on which the vehicle is The cancellation is considered effective on the day on which the vehicle is
returned to the lessor.returned to the lessor.147 The lessor cannot impose early termination fees on a servicemember, but The lessor cannot impose early termination fees on a servicemember, but
the servicemember is still responsible for taxes, summonses, title and registration fees, and any the servicemember is still responsible for taxes, summonses, title and registration fees, and any
other obligation and liability under the lease, including reasonable fees for excessive wear, use, other obligation and liability under the lease, including reasonable fees for excessive wear, use,
and mileage.and mileage.148
Anyone who knowingly seizes personal effects, withholds a security deposit, or otherwise Anyone who knowingly seizes personal effects, withholds a security deposit, or otherwise
interferes with the return of any other property belonging to a person who has lawfully canceled a interferes with the return of any other property belonging to a person who has lawfully canceled a
lease pursuant to this section is subject to punishment.lease pursuant to this section is subject to punishment.149 Specifically, anyone who seizes or Specifically, anyone who seizes or
otherwise interferes with the removal of property in order to satisfy a claim for rent due for any otherwise interferes with the removal of property in order to satisfy a claim for rent due for any
time after the date of the effective cancellation of the lease may be punished by imprisonment for time after the date of the effective cancellation of the lease may be punished by imprisonment for
up to one year, a fine as provided in Title 18, up to one year, a fine as provided in Title 18, U.S. Code, or both., or both.150 Termination of certain consumer contracts
~~Termination of telephone service contracts, multichannel video~~
~~programming, and internet access service contracts~~ —Section 305a
(50 U.S.C. § 3956).
Originally added to the SCRA by the Veterans’ Benefits Improvement Act of 2008,Originally added to the SCRA by the Veterans’ Benefits Improvement Act of 2008,~~104~~151 this section this section
was replaced in its entirety by the Veterans’ Benefits Act of 2010.was replaced in its entirety by the Veterans’ Benefits Act of 2010.~~105~~152 Under the new Section 305a, a servicemember is able to terminate a contract for telephone exchange service, in addition to the previously covered cellular phone service, in certain circumstances.153 In 2018, Congress added cable and internet services.154 In 2023, Congress included multichannel video programming services, gym memberships or fitness programs, and home security services among covered consumer contracts.155 To be eligible to terminate a covered contract, the servicemember must receive orders to relocate for a period of at least 90 days to a location that does not support the contract, and the contract must have been entered into prior to receiving the orders.156 The benefit also applies to a servicemember who receive orders for a permanent change of station, enters into 145 50 U.S.C. § 3955(g). ~~Under the new Section 305a,~~

~~101 Pub. L. No. 116-192, § 545(a), 133 Stat. 1377 (2019); Pub. L. No. 116-283, § 549 (2021)~~
~~102 Pub. L. No. 111-275, § 301, 124 Stat. 2875 (2010).~~
~~103~~ An “equitable offset” may allow the landlord to retain part, or all, of the amount of rent remaining on the lease as An “equitable offset” may allow the landlord to retain part, or all, of the amount of rent remaining on the lease as
well as the security deposit, to compensate for unreasonable expenses incurred as the result of early lease termination. well as the security deposit, to compensate for unreasonable expenses incurred as the result of early lease termination.
See Omega Indus., Inc., v. Raffaele, 894 F. Supp. 1425, 1430 (D. Nev. 1995) (“For example, if a military person—who Omega Indus., Inc., v. Raffaele, 894 F. Supp. 1425, 1430 (D. Nev. 1995) (“For example, if a military person—who
knows that he or she will soon be invoking subsection 304(2) to terminate an existing lease—wrongfully induces a knows that he or she will soon be invoking subsection 304(2) to terminate an existing lease—wrongfully induces a
lessor to make tenant improvements, a court may find that equity requires that an equitable remedy be granted in an lessor to make tenant improvements, a court may find that equity requires that an equitable remedy be granted in an
amount equal to both the cost of those improvements and the monthly rental obligations of that military person.”). amount equal to both the cost of those improvements and the monthly rental obligations of that military person.”).
~~104 Pub. L. No. 110-389, 122 Stat. 4145 (2008).~~
~~105 Pub. L. No. 111-275, § 302, 124 Stat. 2875 (2010).~~
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~~a servicemember is able to terminate a contract for telephone exchange service, in addition to the~~
~~previously covered cellular phone service, in certain circumstances. In 2018, Congress added~~
~~cable and internet services.106 To be eligible, the servicemember must receive orders to relocate~~
~~for a period of at least 90 days to a location that does not support the contract, and the contract~~
~~must have been entered into prior to receiving the orders. The telephone service provider is~~
146 50 U.S.C. § 3955(c)(1)(B). 147 Id. § 3955(d)(2). 148 Id. § 3955(e). 149 Id. § 3955(h). 150 Id. 151 Pub. L. No. 110-389, § 805(a), 122 Stat. 4145, 4188 (2008) (codified as amended at 50 U.S.C. § 3956). 152 Pub. L. No. 111-275, § 302, 124 Stat. 2865, 2876 (2010) (amending previous 50 U.S.C. App. § 535a, currently codified at 50 U.S.C. § 3956). 153 50 U.S.C. § 3956(b). 154 Pub. L. No. 115-407, § 304(a), 132 Stat. 5368, 5374 (2018) (amending 50 U.S.C. § 3956). 155 Pub. L. No. 117-333, § 17, 136 Stat. 6121, 6136 (2023) (amending 50 U.S.C. § 3956). 156 50 U.S.C. § 3956(a)(1)(A). Congressional Research Service 18 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary a contract, but is prevented due to a stop movement order from using the services for at least 30 days.157 Spouses and dependents may also exercise rights under this provision in certain cases.158 A telephone service provider (mobile or land line) is required to cancel the contract without assessing an early termination charge and, in the case of a required to cancel the contract without assessing an early termination charge and, in the case of a
period of relocation less than three years in duration,period of relocation less than three years in duration,159 allow the servicemember to retain the phone allow the servicemember to retain the phone
number previously terminated.number previously terminated.160 Additionally, dependents of the servicemember may also terminate Additionally, dependents of the servicemember may also terminate
their cellular telephone service if they accompany the servicemember to an area that does not their cellular telephone service if they accompany the servicemember to an area that does not
support the service contract.support the service contract.161 If the servicemember re-subscribes to the carrier within 90 days of If the servicemember re-subscribes to the carrier within 90 days of
returning from relocation, the service provider is prohibited from charging a reinstatement fee, returning from relocation, the service provider is prohibited from charging a reinstatement fee,
but may charge ordinary fees for equipment installation or acquisition.but may charge ordinary fees for equipment installation or acquisition.162 A servicemember who A servicemember who
terminates any service must return provider-owned equipment to the service provider within ten terminates any service must return provider-owned equipment to the service provider within ten
days after service is disconnected.days after service is disconnected.163
Protection of life insurance policy—Section 306 (50 U.S.C. § 3957).
If a person entering military service has used a life insurance policy as collateral to secure a debt, If a person entering military service has used a life insurance policy as collateral to secure a debt,
she is protected from foreclosure on the policy to satisfy the debt unless the assignee first obtains she is protected from foreclosure on the policy to satisfy the debt unless the assignee first obtains
a court order, except where the assignee is the insurance company itself (in which case the debt a court order, except where the assignee is the insurance company itself (in which case the debt
amounts to a policy loan).amounts to a policy loan).164 A court may refuse to grant the order if it determines that the A court may refuse to grant the order if it determines that the
servicemember’s ability to repay is materially affected by military service.servicemember’s ability to repay is materially affected by military service.165 This rule applies This rule applies
during the entire time the insured is on active duty plus one year.during the entire time the insured is on active duty plus one year.166 The rule does not apply in three The rule does not apply in three
cases: (1) if the insured gives her written permission to let a creditor make a claim against the cases: (1) if the insured gives her written permission to let a creditor make a claim against the
policy in order to satisfy the debt involved; (2) if any premiums required under the life insurance policy in order to satisfy the debt involved; (2) if any premiums required under the life insurance
policy are due and unpaid (excluding premiums guaranteed under Title IV of this act); or (3) if policy are due and unpaid (excluding premiums guaranteed under Title IV of this act); or (3) if
the person whose life is insured has died.the person whose life is insured has died.167 Anyone who knowingly takes or attempts action Anyone who knowingly takes or attempts action
contrary to this section contrary to this section ~~shall~~may be punished by imprisonment for up to a year, or a fine as provided be punished by imprisonment for up to a year, or a fine as provided
in Title 18, in Title 18, U.S. Code, or both., or both.168
Enforcement of storage liens—Section 307 (50 U.S.C. § 3958).
A servicemember with property or effects subject to a lien, including liens for storage, repair, or A servicemember with property or effects subject to a lien, including liens for storage, repair, or
cleaning of property, is protected from foreclosure or enforcement of the lien during the period of cleaning of property, is protected from foreclosure or enforcement of the lien during the period of
military service plus three military service plus three ~~months~~months169 unless a court finds that the servicemember’s ability to meet unless a court finds that the servicemember’s ability to meet
the obligation is not materially affected by military service.the obligation is not materially affected by military service.170 A court can also stay the 157 Id. § 3956(a)(1)(B). 158 Id. § 3956(a)(4). 159 Id. § 3956(e)(1). 160 Id. § 3956(c). 161 Id. § 3956(d). 162 Id. § 3956(e)(2). 163 Id. § 3956(e)(3). 164 50 U.S.C. § 3957(a). 165 Id. § 3957(c). 166 Id. § 3957(a). 167 Id. § 3957(b). 168 Id. § 3957(e). 169 Id. § 3958(a). 170 Id. § 3958(b). Congressional Research Service 19 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary ~~A court can also stay the~~ proceedings proceedings
in these types of enforcement actions or order some other disposition of the case it deems in these types of enforcement actions or order some other disposition of the case it deems
equitable to the parties. This section does not affect the scope of Section 303 (mortgages and trust equitable to the parties. This section does not affect the scope of Section 303 (mortgages and trust
deeds). Anyone who knowingly takes any action contrary to the provisions deeds). Anyone who knowingly takes any action contrary to the provisions ~~shall be punished by~~
is punishable by imprisonment up to one year, a fine as provided by Title 18, imprisonment up to one year, a fine as provided by Title 18, U.S. Code, or both., or both. 171 Servicemembers Servicemembers
whose property is seized and sold in order to satisfy a lien may recover whose property is seized and sold in order to satisfy a lien may recover ~~damages.107~~

~~106 Pub. L. No. 115-407, § 304(a), 132 Stat. 5374 (2018).~~
~~107 Gordon v. Pete’s Auto Serv. of Denbigh, Inc., 837 F. Supp. 2d 581, 585 (E.D. Va. 2011). The court also stated that~~
Section 307 is a “strict liability statute; it does not require proof of any mens rea to establish civil liability.” Id.
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damages.172
Extension of protections to dependents—Section 308 (50 U.S.C.
§ 3959).
The benefits of the rules provided under Title III (50 U.S.C. §§ 3951-59) of the SCRA are The benefits of the rules provided under Title III (50 U.S.C. §§ 3951-59) of the SCRA are
extended to dependents of active-duty personnel in their own right.extended to dependents of active-duty personnel in their own right.173 A dependent must petition a A dependent must petition a
court for permission to take advantage of those rules, and the court is not required to grant court for permission to take advantage of those rules, and the court is not required to grant
permission if it determines that the ability of the applicant dependent to comply with the terms of permission if it determines that the ability of the applicant dependent to comply with the terms of
the obligation, contract, lease, or bailment has not been materially impaired by the military the obligation, contract, lease, or bailment has not been materially impaired by the military
service of the person upon whom the applicant is dependent.service of the person upon whom the applicant is dependent.174
Title IV: Life Insurance
Title IV provides relief from insurance premiums and guarantees servicemembers’ continued Title IV provides relief from insurance premiums and guarantees servicemembers’ continued
coverage under certain commercial life insurance policies. A servicemember who applies for coverage under certain commercial life insurance policies. A servicemember who applies for
protection under this title will eventually have to pay all of the premiums due, either to the insurer protection under this title will eventually have to pay all of the premiums due, either to the insurer
or to the government, in the event the United States pays the delinquent premiums.or to the government, in the event the United States pays the delinquent premiums.175 In this way, In this way,
servicemembers may defer payments of insurance premiums without losing coverage. There is no servicemembers may defer payments of insurance premiums without losing coverage. There is no
need to show that military service materially affects the servicemember’s ability to pay. need to show that military service materially affects the servicemember’s ability to pay.
Definitions—Section 401 (50 U.S.C. § 3971).
For the purposes of Title IV of the SCRA, the following definitions apply: For the purposes of Title IV of the SCRA, the following definitions apply:
‘Policy’—“Policy” includes any individual contract for whole, endowment, universal, or term life “Policy” includes any individual contract for whole, endowment, universal, or term life
insurance (other than group term life insurance), or benefit similar to life insurance that comes insurance (other than group term life insurance), or benefit similar to life insurance that comes
from membership in any fraternal or beneficial association that satisfies all of the following from membership in any fraternal or beneficial association that satisfies all of the following
conditions: conditions:
1. the policy does not include a provision limiting the amount of insurance coverage 1. the policy does not include a provision limiting the amount of insurance coverage
based on the insured’s military service; based on the insured’s military service;
2. the policy does not require the insured to pay higher premiums if she is in 2. the policy does not require the insured to pay higher premiums if she is in
military service; military service;
3. the policy does not include a provision that limits or restricts coverage if the 3. the policy does not include a provision that limits or restricts coverage if the
insured engages in any activity required by military service; and insured engages in any activity required by military service; and
171 Id. § 3958(c). 172 See Gordon v. Pete’s Auto Serv. of Denbigh, Inc., 837 F. Supp. 2d 581, 585 (E.D. Va. 2011). The court also stated that Section 307 is a “strict liability statute; it does not require proof of any mens rea to establish civil liability.” Id. 173 50 U.S.C. § 3959. 174 Id. 175 Id. § 3977. Congressional Research Service 20 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary 4. the policy is “in force” (premiums have to be paid on time before any benefit 4. the policy is “in force” (premiums have to be paid on time before any benefit
guaranteed by these sections of the law can be claimed) for at least 180 days guaranteed by these sections of the law can be claimed) for at least 180 days
before the insured enters military service.before the insured enters military service.176
‘Premium’—“Premium” is the amount specified in the policy to be paid to keep the policy in —“Premium” is the amount specified in the policy to be paid to keep the policy in
force.force.177
‘Insured’—“Insured” is defined as a servicemember who owns a life insurance policy.—“Insured” is defined as a servicemember who owns a life insurance policy.178
‘Insurer’—“Insurer” includes any firm, corporation, partnership, association, or business that —“Insurer” includes any firm, corporation, partnership, association, or business that
can, by law, provide insurance and issue contracts or policies.can, by law, provide insurance and issue contracts or policies.179
Insurance rights and protections—Section 402 (50 U.S.C. § 3972).
Either the person insured, an insured’s legal representative, or, when the insured person is outside Either the person insured, an insured’s legal representative, or, when the insured person is outside
the United States, a beneficiary of the insurance policy must apply for protection of a covered the United States, a beneficiary of the insurance policy must apply for protection of a covered
policy under the act.policy under the act.180 The written application must be submitted to the insurer with a copy sent The written application must be submitted to the insurer with a copy sent to to
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the Secretary of Veterans Affairs.the Secretary of Veterans Affairs.181 The total amount of policies covered is limited to the greater of The total amount of policies covered is limited to the greater of
$250,000$250,000, or an amount equal to the maximum limit of the Servicemember’s Group Life or an amount equal to the maximum limit of the Servicemember’s Group Life
Insurance (SGLI).Insurance (SGLI).182 The maximum limit of SGLI currently is $ The maximum limit of SGLI currently is $~~400~~500,000.,000.~~108~~183
Application for insurance protection—Section 403 (50 U.S.C.
§ 3973).
~~In order to~~To invoke protection for the policies covered under this part of the SCRA, the invoke protection for the policies covered under this part of the SCRA, the
servicemember, her legal representative, or beneficiary must submit an application in writing servicemember, her legal representative, or beneficiary must submit an application in writing
identifying the policy and insurer, with an acknowledgment that the insured’s rights under the identifying the policy and insurer, with an acknowledgment that the insured’s rights under the
policy are subject to and modified by the provisions of Title IV of this act.policy are subject to and modified by the provisions of Title IV of this act.184 The Secretary of The Secretary of
Veterans Affairs may require the parties to provide additional information as necessary.Veterans Affairs may require the parties to provide additional information as necessary.185 The The
insurer then reports the action to the Department of Veterans Affairs as required by regulation insurer then reports the action to the Department of Veterans Affairs as required by regulation
(found in 38 C.F.R. Part 7).(found in 38 C.F.R. Part 7).~~109~~186 By making an application for the protection guaranteed by these By making an application for the protection guaranteed by these
sections of the law, the insurer and insured are deemed to have accepted any necessary sections of the law, the insurer and insured are deemed to have accepted any necessary
modifications to the terms of the life modifications to the terms of the life insurance policy.187 176 Id. § 3971(1). 177 Id. § 3971(2). 178 Id. § 3971(3). 179 Id. § 3971(4). 180 Id. § 3972(a). 181 Id. § 3972(b). 182 Id. § 3972(c). 183 See Pub. L. No. 117-209, §2(a), 136 Stat. 2243 (2022) (increasing the maximum SGLI benefit to $500,000 effective March 1, 2023) (codified at 38 U.S.C. § 1967). 184 50 U.S.C. § 3973(a). 185 Id. § 3973(b). 186 Title 38, Part 7, of the Code of Federal Regulations, revised as of Mar. 20, 2023, addresses the Soldiers’ and Sailors’ Civil Relief rather than the Servicemembers Civil Relief and cites 50 U.S.C. app § 511, 540-547 as authority. 187 50 U.S.C. § 3973(d). Congressional Research Service 21 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary ~~insurance policy.~~
Policies entitled to protection and lapse of protections—Section 404
(50 U.S.C. § 3974).
The Secretary of Veterans Affairs determines whether a policy is entitled to the protection The Secretary of Veterans Affairs determines whether a policy is entitled to the protection
guaranteed by these sections, and is responsible for notifying the insurer and the insured of that guaranteed by these sections, and is responsible for notifying the insurer and the insured of that
determination.determination.188 Once the policy is deemed qualified for protection, it may not lapse or otherwise Once the policy is deemed qualified for protection, it may not lapse or otherwise
be terminated or be forfeited for the nonpayment of a premium, or interest or indebtedness on a be terminated or be forfeited for the nonpayment of a premium, or interest or indebtedness on a
premium.premium.189 This protection applies during the time the insured person is in military service and for This protection applies during the time the insured person is in military service and for
two years after she leaves military service.two years after she leaves military service.190
Policy restrictions—Section 405 (50 U.S.C. § 3975).
~~The approval of~~Approval by the Secretary of Veterans Affairs is necessary for a policyholder to make certain the Secretary of Veterans Affairs is necessary for a policyholder to make certain
withdrawals and other payments or credits under a policy protected by this part of the SCRA.withdrawals and other payments or credits under a policy protected by this part of the SCRA.191 If If
such approval is not obtained, rather than paying dividends to the insured or reinvesting them to such approval is not obtained, rather than paying dividends to the insured or reinvesting them to
purchase additional coverage, the insurer must add dividends to the value of the policy to be purchase additional coverage, the insurer must add dividends to the value of the policy to be
treated as a credit.treated as a credit.192 The insured is not permitted to take out loans against the policy or cash it in The insured is not permitted to take out loans against the policy or cash it in
while it is protected without the approval of the Secretary of Veterans Affairs.while it is protected without the approval of the Secretary of Veterans Affairs.193 However, the However, the
insured retains the right to modify the designation of beneficiaries.insured retains the right to modify the designation of beneficiaries.194
Deduction of unpaid premiums—Section 406 (50 U.S.C. § 3976).
If a covered policy matures due to the death of the insured, the insurance company must reduce If a covered policy matures due to the death of the insured, the insurance company must reduce
its settlement with the beneficiaries by the amount of any unpaid premiums (plus interest).its settlement with the beneficiaries by the amount of any unpaid premiums (plus interest).195 If the If the
rate of interest is not specified in the policy, it will be the same rate applied to policy loans in rate of interest is not specified in the policy, it will be the same rate applied to policy loans in
other policies issued at the time when the insured’s policy was issued.other policies issued at the time when the insured’s policy was issued.196 Deductions must be Deductions must be
reported to the Secretary of Veterans Affairs.reported to the Secretary of Veterans Affairs.197 Premiums and interest guaranteed by the United States—Section

~~108 Pub. L. No. 109-80, 119 Stat. 2045 (2005) (increased the maximum SGLI benefit to $400,000).~~
~~109 Title 38, Part 7, of the Code of Federal Regulations, revised as of July 1, 2018, addresses the Soldiers’ and Sailors’~~
~~Civil Relief rather than the Servicemembers Civil Relief and cites 50 U.S.C. app § 511, 540-547 as authority.~~
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~~Premiums and interest guaranteed—Section~~ 407 (50 U.S.C. § 3977).
In the event the insured fails to pay any premiums owed on a policy at the time the guarantee In the event the insured fails to pay any premiums owed on a policy at the time the guarantee
period expires and the cash surrender value of the policy is less than the amount due, the period expires and the cash surrender value of the policy is less than the amount due, the
insurance company may terminate the policy and the United States will pay the insurance insurance company may terminate the policy and the United States will pay the insurance
company the difference between the cash surrender value and the amount of the outstanding debt.company the difference between the cash surrender value and the amount of the outstanding debt.198
The amount paid to the insurer becomes a debt owed by the insured to the United States The amount paid to the insurer becomes a debt owed by the insured to the United States 188 Id. § 3974(a). 189 Id. § 3974(b). 190 Id. § 3974(c). 191 Id. § 3975(a). 192 Id. 193 Id. § 3975(a). 194 Id. 195 50 U.S.C. § 3976(a). 196 Id. § 3976(b). 197 Id. § 3976(c). 198 Id. § 3977(a). Congressional Research Service 22 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary that is ~~that is~~
not dischargeable in bankruptcy.not dischargeable in bankruptcy.199 Any funds collected from the insured are added to appropriations Any funds collected from the insured are added to appropriations
for the payment of guaranteed premiums under this part of the SCRA.for the payment of guaranteed premiums under this part of the SCRA.200 If the premiums are not paid to the insurer within the period of protection ~~If the unpaid premiums do~~
~~not exceed the policy’s cash surrender value~~, the insurer will treat them as a policy loan., the insurer will treat them as a policy loan.201
Regulations—Section 408 (50 U.S.C. § 3978).
The Secretary of Veterans Affairs is responsible for promulgating regulations to carry out the The Secretary of Veterans Affairs is responsible for promulgating regulations to carry out the
provisions of Title IV, which are found in 38 C.F.R. Part 7. provisions of Title IV, which are found in 38 C.F.R. Part 7.
Review of findings of fact and conclusions of law—Section 409
(50 U.S.C. § 3979).
The findings of fact and conclusions of law made by the Secretary in administering these sections The findings of fact and conclusions of law made by the Secretary in administering these sections
are subject to review by the Board of Veterans’ Appeals and the U.S. Court of Appeals for are subject to review by the Board of Veterans’ Appeals and the U.S. Court of Appeals for
Veterans’ Claims. Judicial review is permitted only to the extent provided by chapter 72 of Title Veterans’ Claims. Judicial review is permitted only to the extent provided by chapter 72 of Title
38, 38, U.S. Code, which sets forth the scope of review and procedures to be followed., which sets forth the scope of review and procedures to be followed.~~110~~202
Title V: Taxes and Public Lands
The fifth broad category of provisions of the SCRA provides certain rights regarding public lands The fifth broad category of provisions of the SCRA provides certain rights regarding public lands
and relieves servicemembers from having to pay certain taxes to multiple jurisdictions. It also and relieves servicemembers from having to pay certain taxes to multiple jurisdictions. It also
prevents the attachment of certain personal or real property in order to satisfy tax liens. prevents the attachment of certain personal or real property in order to satisfy tax liens.
Taxes respecting personal property, money, credits, and real
property—Section 501 (50 U.S.C. § 3991).
A servicemember’s personal property (including motor vehicles) and real property used by the A servicemember’s personal property (including motor vehicles) and real property used by the
servicemember as a home, a business, or for agriculture—as long as the property continues to be servicemember as a home, a business, or for agriculture—as long as the property continues to be
occupied by the servicemember’s family or employees—cannot be sold to collect unpaid taxes or occupied by the servicemember’s family or employees—cannot be sold to collect unpaid taxes or
assessments (other than income taxes) without a court order.assessments (other than income taxes) without a court order.203 A court may stay an action to force A court may stay an action to force
the sale of property belonging to a person in military service for the collection of unpaid taxes if it the sale of property belonging to a person in military service for the collection of unpaid taxes if it
finds that the debtor’s ability to pay the taxes is materially affected by her military service.finds that the debtor’s ability to pay the taxes is materially affected by her military service.204 In the In the
event a servicemember’s property is sold to satisfy tax liabilities, the servicemember has the right event a servicemember’s property is sold to satisfy tax liabilities, the servicemember has the right
to redeem the property for up to six months after the person leaves military service unless a to redeem the property for up to six months after the person leaves military service unless a
longer period is provided by state or local law.longer period is provided by state or local law.205 If a servicemember fails to pay a tax or assessment If a servicemember fails to pay a tax or assessment
on property covered by this section when due, the amount unpaid and due shall accrue interest at on property covered by this section when due, the amount unpaid and due shall accrue interest at
6%, but no other penalties or interest may be assessed.6%, but no other penalties or interest may be assessed. 206 Additionally, real and personal properties Additionally, real and personal properties
owned jointly by a servicemember and her dependents owned jointly by a servicemember and her dependents ~~are covered by this section. However,~~

110 See ~~38 U.S.C.§§ 7261-60~~ 199 Id. § 3977(b)(3). 200 Id. § 3977(b). 201 Id. § 3977(a)(1). 202 See 38 U.S.C.§§ 7261-60. 203 50 U.S.C. § 3991. 204 Id. § 3991(b). 205 Id. § 3991(c). 206 Id. § 3991(d). .
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are covered by this section.207 However, properties owned through a separate business entity such as a limited liability company may not properties owned through a separate business entity such as a limited liability company may not
be covered by this section, even if the servicemember is the sole owner.be covered by this section, even if the servicemember is the sole owner.~~111~~208
Rights in public lands—Section 502 (50 U.S.C. § 3992).
Servicemembers cannot be deemed to have forfeited any right (including mining and mineral Servicemembers cannot be deemed to have forfeited any right (including mining and mineral
leasing rights) they had for the use of public lands of the United States prior to entering military leasing rights) they had for the use of public lands of the United States prior to entering military
service based on absence from the land or failure to perform required maintenance or other service based on absence from the land or failure to perform required maintenance or other
improvements.improvements.209 Holders of permits and licenses for grazing livestock on public lands who Holders of permits and licenses for grazing livestock on public lands who
subsequently enter military service may suspend the licenses for the duration of military service subsequently enter military service may suspend the licenses for the duration of military service
plus six months, allowing the servicemember to obtain a reduction or cancellation of fees for the plus six months, allowing the servicemember to obtain a reduction or cancellation of fees for the
duration of that time.duration of that time.210
Desert-land entries—Section 503 (50 U.S.C. § 3993).
Servicemembers with claims to desert lands prior to entering military service may not have those Servicemembers with claims to desert lands prior to entering military service may not have those
claims contested or canceled for failing to expend required amounts in improvements annually, or claims contested or canceled for failing to expend required amounts in improvements annually, or
for failing to effect the reclamation of the claim during the period of service or during for failing to effect the reclamation of the claim during the period of service or during
hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.hospitalization or rehabilitation due to an injury or disability incurred in the line of duty.211 The The
protection is in force during and for six months after she leaves military service or is released protection is in force during and for six months after she leaves military service or is released
from hospitalization.from hospitalization.212 An honorably discharged servicemember whose line-of-duty disability An honorably discharged servicemember whose line-of-duty disability
prevents her reclamation of land or ability to pay may apply for a patent for the entered or prevents her reclamation of land or ability to pay may apply for a patent for the entered or
claimed land.claimed land.213 To qualify for this protection, notice must be given to the appropriate land office To qualify for this protection, notice must be given to the appropriate land office
within six months after entering military service.within six months after entering military service.214
Mining claims—Section 504 (50 U.S.C. § 3994).
Certain requirements for maintaining a mining claim are suspended during the holder’s period of Certain requirements for maintaining a mining claim are suspended during the holder’s period of
active military service and for six months thereafter or for the duration of hospitalization due to active military service and for six months thereafter or for the duration of hospitalization due to
wounds or disability suffered while in the line of duty.wounds or disability suffered while in the line of duty.215 During this period, the mining claim During this period, the mining claim
cannot be forfeited due to nonperformance of the requirements of the lease.cannot be forfeited due to nonperformance of the requirements of the lease.216 To qualify for this To qualify for this
protection, the servicemember must notify the appropriate claims office of commencement of protection, the servicemember must notify the appropriate claims office of commencement of
military service within 60 days after the end of the assessment year in which the service began.military service within 60 days after the end of the assessment year in which the service began.217 207 Id. § 3991(e) 208 See Davis v. City of Philadelphia, 821 F.3d 484, 488 (3d Cir. 2016) (holding that, under Pennsylvania law, a LLC has its own legal identity, so sole owner servicemember may not invoke the SCRA on LLC’s behalf). 209 50 U.S.C. § 3992(a). 210 Id. § 3992(b). 211 Id. § 3993(a). 212 Id. 213 Id. § 3993(b). 214 Id. § 3993(c). 215 50 U.S.C. § 3994(a)-(b). 216 Id. § 3994(c). 217 Id. § 3994(d). Congressional Research Service 24 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary
Mineral permits and leases—Section 505 (50 U.S.C. § 3995).
Any person who holds a permit or a lease under the federal mineral leasing laws who enters Any person who holds a permit or a lease under the federal mineral leasing laws who enters
military service is allowed to suspend all operations during military service (plus six months), in military service is allowed to suspend all operations during military service (plus six months), in
which case the period of service is not counted as part of the term of the person’s permit or which case the period of service is not counted as part of the term of the person’s permit or
license and the holder is not required to pay rentals or royalties during that time.license and the holder is not required to pay rentals or royalties during that time.218 However, to However, to
qualify for these privileges, the servicemember has six months after entry into military service to qualify for these privileges, the servicemember has six months after entry into military service to
notify the Bureau of Land Management of her entry into service.notify the Bureau of Land Management of her entry into service.219
Perfection or defense of rights—Section 506 (50 U.S.C. § 3996).
Nothing in Title V of the SCRA prevents a person in military service from taking any action Nothing in Title V of the SCRA prevents a person in military service from taking any action
authorized by law or regulations of the Department of the Interior to assert, perfect, or protect the authorized by law or regulations of the Department of the Interior to assert, perfect, or protect the

~~111 Davis v. City of Philadelphia, 821 F.3d 484, 488 (3d Cir. 2016) (holding that, under Pennsylvania law, a LLC has its~~
~~own legal identity, so sole owner servicemember may not invoke the SCRA on LLC’s behalf).~~
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~~rights covered in those sections.~~rights covered in those sections.220 A servicemember may submit any evidence required to assert A servicemember may submit any evidence required to assert
this right in the form of affidavits or notarized documents.this right in the form of affidavits or notarized documents.221 Affidavits provided pursuant to this Affidavits provided pursuant to this
section are subject to 18 U.S.C. § 1001.section are subject to 18 U.S.C. § 1001.222
Distribution of information concerning benefits of title—Section
507 (50 U.S.C. § 3997).
The Secretary of the Interior is responsible for providing military authorities with information The Secretary of the Interior is responsible for providing military authorities with information
explaining the benefits of this Title (except those pertaining to taxation) as well as related explaining the benefits of this Title (except those pertaining to taxation) as well as related
application forms for distribution among servicemembers. application forms for distribution among servicemembers.
Land rights of servicemembers—Section 508 (50 U.S.C. § 3998).
Protection of land rights under this Title are extended to servicemembers under the age of 21. Protection of land rights under this Title are extended to servicemembers under the age of 21.
Residency requirements related to the establishment of a residence within a limited time will be Residency requirements related to the establishment of a residence within a limited time will be
suspended for six months after release from military service for both the servicemember and her suspended for six months after release from military service for both the servicemember and her
spouse. spouse.
Regulations—Section 509 (50 U.S.C. § 3999).
The Secretary of the Interior has the authority to issue regulations necessary to carry out Title V The Secretary of the Interior has the authority to issue regulations necessary to carry out Title V
of the act, other than the sections that concern taxes. of the act, other than the sections that concern taxes.
Income taxes—Section 510 (50 U.S.C. § 4000).
The collection of federal, state, and local income taxes (excluding Social Security (FICA) taxes) a The collection of federal, state, and local income taxes (excluding Social Security (FICA) taxes) a
servicemember owes, either before or after entering service, must be deferred during the period of servicemember owes, either before or after entering service, must be deferred during the period of
service and for up to six months after release, if her ability to pay the taxes is materially affected service and for up to six months after release, if her ability to pay the taxes is materially affected
by military service.by military service.223 No interest or other penalty may be imposed on a debt deferred under this No interest or other penalty may be imposed on a debt deferred under this
218 Id. § 3995(a). 219 Id. § 3995(b). 220 Id. § 3996(a). 221 Id. § 3996(b)(1). 222 Id. § 3996(b)(2). 223 50 U.S.C. § 4000(a). Congressional Research Service 25 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary section.224~~section.~~ The statute of limitations for paying the debt is tolled for the length of the person’s period The statute of limitations for paying the debt is tolled for the length of the person’s period
~~of service plus nine months.~~of service plus nine months.225 This provision does not apply to tax on employees under 26 U.S.C. § 3101 (tax rate for old-age, survivors, disability and hospital insurance).226
Residence for tax purposes—Section 511 (50 U.S.C. § 4001).
~~In order to~~To prevent multiple state taxation on the property and income of military personnel prevent multiple state taxation on the property and income of military personnel
serving within various tax jurisdictions by reason of military service, this section provides that serving within various tax jurisdictions by reason of military service, this section provides that
servicemembers neither lose nor acquire a state of domicile or residence for taxation purposes servicemembers neither lose nor acquire a state of domicile or residence for taxation purposes
when they serve at a duty station outside their home state in compliance with military orders.when they serve at a duty station outside their home state in compliance with military orders.227 A A
servicemember who conducts other business while in military service may be taxed by the servicemember who conducts other business while in military service may be taxed by the
appropriate jurisdiction for any resulting income.appropriate jurisdiction for any resulting income.228 However, a tax jurisdiction cannot include the However, a tax jurisdiction cannot include the
military compensation earned by nonresident servicemembers to compute the tax liability military compensation earned by nonresident servicemembers to compute the tax liability
imposed on the non-military income earned by the servicemember.imposed on the non-military income earned by the servicemember.229
Spouses of servicemembers neither lose nor acquire a state of domicile or residence for taxation Spouses of servicemembers neither lose nor acquire a state of domicile or residence for taxation
purposes when they are present in any tax jurisdiction solely to be with the servicemember in purposes when they are present in any tax jurisdiction solely to be with the servicemember in
compliance with the servicemember’s orders.compliance with the servicemember’s orders.~~112 However, the guarantee of residency is~~

~~112 Pub. L. No. 111-97, 123 Stat. 3007 (2009) (the Military Spouses Residency Relief Act extended residency~~
~~protections to the spouses of active-duty servicemembers).~~
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~~contingent on the spouse having the same original residence or domicile as the servicemember.~~
~~As amended in 2018, the section provides that in the tax year during which the marriage takes~~
~~place, the spouse may elect to use the same residence~~230 The section provides that for any tax year during the marriage, the servicemember and spouse may elect to use the residence or domicile of either the servicemember or spouse, or the permanent duty station of the servicemember, for tax purposes regardless of the date of for tax purposes regardless of the date of
marriage.marriage.~~113~~231 The section further provides that income earned by a spouse while in a duty-station The section further provides that income earned by a spouse while in a duty-station
tax jurisdiction, other than her original residence or domicile, solely to be with the servicemember tax jurisdiction, other than her original residence or domicile, solely to be with the servicemember
may not be taxed by that tax jurisdiction.may not be taxed by that tax jurisdiction.232
Personal property of a servicemember and her spouse will not be subject to taxation by a Personal property of a servicemember and her spouse will not be subject to taxation by a
jurisdiction other than their domicile or residence while stationed at a duty station outside of their jurisdiction other than their domicile or residence while stationed at a duty station outside of their
home state.home state.~~114~~233 However, relief from personal property taxes does not depend on whether the However, relief from personal property taxes does not depend on whether the
property is taxed by the state of domicile.property is taxed by the state of domicile.234 Property used for business is not exempt from taxation. Property used for business is not exempt from taxation.235
An Indian servicemember whose legal residence or domicile is a federal Indian reservation will An Indian servicemember whose legal residence or domicile is a federal Indian reservation will
pay taxes only under the laws of the federal Indian reservation and not to the state where the pay taxes only under the laws of the federal Indian reservation and not to the state where the
~~reservation is located.~~reservation is located.236 224 Id. § 4000(b). 225 Id. § 4000(c). 226 Id. § 4000(d). 227 Id. § 4001(a)(1). 228 Id. § 4001(e). 229 Id. § 4001(b). 230 See Pub. L. No. 111-97, § 3(a), 123 Stat. 3007, 3008 (2009) (the Military Spouses Residency Relief Act extended residency protections to the spouses of active-duty servicemembers) (amending previous 50 U.S.C. App. § 571, currently codified at 50 U.S.C. § 4001). 231 50 U.S.C. § 4001(a). 232 Id. § 4001(c). 233 Id. § 4001(d)(1). See Dameron v. Brodhead, 345 U.S. 322, 325 (1953) (holding that the SCRA preempts state laws that would tax the service-related income or personal property of servicemembers at their duty station when it is not their domicile. The Court concluded the constitutional discussion by stating, “[w]hat has been said in no way affects the reserved powers of the states to tax. For this statute merely states that the taxable domicile of servicemen shall not be changed by military assignments. This we think is within the federal power.”). 234 Id. § 4001(d)(2). 235 Id. § 4001(d)(3). 236 Id. § 4001(f). Congressional Research Service 26 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary
“Tax jurisdiction” is defined to include “a State or a political subdivision of a State,” which “Tax jurisdiction” is defined to include “a State or a political subdivision of a State,” which
includes the District of Columbia and any commonwealth, territory, or possession of the United includes the District of Columbia and any commonwealth, territory, or possession of the United
States (States (~~Section~~50 U.S.C. § 101(6)). 101(6)).237 “Taxation” includes licenses, fees, or excises imposed on an automobile “Taxation” includes licenses, fees, or excises imposed on an automobile
that is also subject to licensing, fees, or excise in the servicemember’s state of residence.that is also subject to licensing, fees, or excise in the servicemember’s state of residence.238
“Personal property” includes intangible and tangible property including motor vehicles.“Personal property” includes intangible and tangible property including motor vehicles.239
Title VI: Administrative Remedies
Title VI provides courts the authority to deny remedies to servicemembers that would abuse the Title VI provides courts the authority to deny remedies to servicemembers that would abuse the
purpose of the SCRA. It also indicates how a servicemember’s military and financial status can purpose of the SCRA. It also indicates how a servicemember’s military and financial status can
be established in court, and covers other procedural requirements. be established in court, and covers other procedural requirements.
Inappropriate use of act—Section 601 (50 U.S.C. § 4011).
A court may deny a servicemember the protections of the act with respect to a transfer it finds A court may deny a servicemember the protections of the act with respect to a transfer it finds
was made with the intent to exploit the provisions of the act, in order to delay enforcement of the was made with the intent to exploit the provisions of the act, in order to delay enforcement of the
contract, to obtain reduced interest rates, or to avoid obligations with respect to property that was contract, to obtain reduced interest rates, or to avoid obligations with respect to property that was
the subject of the transaction. the subject of the transaction.
Certificates of service;: persons reported missing—Section 602
(50 U.S.C. § 4012).
A certificate signed by the Secretary concerned serves as prima facie evidence in an action under A certificate signed by the Secretary concerned serves as prima facie evidence in an action under
the SCRA that the individual is in the military service, the date of induction or discharge, the SCRA that the individual is in the military service, the date of induction or discharge,
residence at time of induction, rank and rate of pay, and other facts relevant to asserting rights residence at time of induction, rank and rate of pay, and other facts relevant to asserting rights
under the SCRA.under the SCRA.240 A servicemember who is missing in action is presumed to continue in military A servicemember who is missing in action is presumed to continue in military
service until she is accounted for or her death has been reported to the Department of Defense or service until she is accounted for or her death has been reported to the Department of Defense or
determined by a court or board with the authority to make such determination.determined by a court or board with the authority to make such determination.

~~113 Pub. L. No. 115-407, § 302, 132 Stat. 5373 (2018).~~
~~114 Dameron v. Brodhead, 345 U.S. 322, 325 (1953) (holding that the SCRA preempts state laws that would tax the~~
~~service-related income or personal property of servicemembers at their duty station when it is not their domicile. The~~
~~Court concluded the constitutional discussion by stating, “[w]hat has been said in no way affects the reserved powers of~~
~~the states to tax. For this statute merely states that the taxable domicile of servicemen shall not be changed by military~~
~~assignments. This we think is within the federal power.”).~~
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241
Interlocutory orders—Section 603 (50 U.S.C. § 4013).
Courts may revoke, modify, or extend any interlocutory orders they issued pursuant to the SCRA. Courts may revoke, modify, or extend any interlocutory orders they issued pursuant to the SCRA.
Title VII: Further Relief
Title VII of the SCRA provides a means for servicemembers to petition for relief without having Title VII of the SCRA provides a means for servicemembers to petition for relief without having
to wait until a creditor brings an enforcement action against them. It also treats powers of attorney to wait until a creditor brings an enforcement action against them. It also treats powers of attorney
and provides relief from liability insurance premiums for servicemembers who need to maintain and provides relief from liability insurance premiums for servicemembers who need to maintain
such policies for their civilian occupations. such policies for their civilian occupations.
237 Id. § 4001(g)(3). 238 Id. § 4001(g)(2). 239 Id. § 4001(g)(1). 240 Id. § 4012(a). 241 Id. § 4012(c). Congressional Research Service 27 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary Anticipatory relief—Section 701 (50 U.S.C. § 4021).
A servicemember may initiate an action for relief prior to defaulting on any pre-service obligation A servicemember may initiate an action for relief prior to defaulting on any pre-service obligation
or liability, including tax obligations, rather than waiting for the creditor to commence or liability, including tax obligations, rather than waiting for the creditor to commence
proceedings.proceedings.242 Dependents do not have independent protection under this section as they do for the Dependents do not have independent protection under this section as they do for the
provisions of Title III. provisions of Title III.
Courts may grant the following relief: Courts may grant the following relief:
1. if the obligation involves payments of installments for the purchase of real estate 1. if the obligation involves payments of installments for the purchase of real estate
(like a mortgage), the court can stay enforcement of the obligation by adding a (like a mortgage), the court can stay enforcement of the obligation by adding a
period of time, no greater than the period of military service, to the remaining life period of time, no greater than the period of military service, to the remaining life
of the contract, subject to the payment of the balance of principal and of the contract, subject to the payment of the balance of principal and
accumulated interest that remains unpaid at the termination of the applicant’s accumulated interest that remains unpaid at the termination of the applicant’s
military service, in equal installments over the duration of the extended life of the military service, in equal installments over the duration of the extended life of the
contract; and contract; and
2. for any other type of obligation, liability, tax, or assessment, the court can stay 2. for any other type of obligation, liability, tax, or assessment, the court can stay
enforcement, for a period of time equal to the petitioner’s period of military enforcement, for a period of time equal to the petitioner’s period of military
service, subject to payment of the balance of principal due plus accumulated service, subject to payment of the balance of principal due plus accumulated
interest in equal installments over the duration of the stay.interest in equal installments over the duration of the stay.243
If a stay has been granted under this section, no fine or penalty can be imposed for its duration as If a stay has been granted under this section, no fine or penalty can be imposed for its duration as
long as the servicemember complies with the terms and conditions of the stay.long as the servicemember complies with the terms and conditions of the stay.244 This provision This provision
allows servicemembers who are not yet in default on an obligation, but whose ability to make allows servicemembers who are not yet in default on an obligation, but whose ability to make
payments is materially affected by military service, to petition the court in effect to rewrite the payments is materially affected by military service, to petition the court in effect to rewrite the
contract by extending its life, allowing the servicemember to pay down the amount in arrears with contract by extending its life, allowing the servicemember to pay down the amount in arrears with
equal installments over a longer of period of time.equal installments over a longer of period of time.245 The servicemember must resume making The servicemember must resume making
regular payments on the debt after leaving active duty, in addition to the payments to make up for regular payments on the debt after leaving active duty, in addition to the payments to make up for
the smaller payments she made while on active duty.the smaller payments she made while on active duty.246
Power of attorney—Section 702 (50 U.S.C. § 4022).
A valid power of attorney for a person who is declared to be missing in action is automatically A valid power of attorney for a person who is declared to be missing in action is automatically
extended for the entire period the person remains in a missing status, unless it expressly provides extended for the entire period the person remains in a missing status, unless it expressly provides
a date of expiration.a date of expiration.247 The extension is limited to documents that designate the servicemember’s The extension is limited to documents that designate the servicemember’s
spouse, parent, or named relative as the servicemember’s attorney in fact.spouse, parent, or named relative as the servicemember’s attorney in fact.248 The power of attorney The power of attorney
must have been executed during the servicemember’s military service or before entry into active must have been executed during the servicemember’s military service or before entry into active
service but after receiving an order to report for military service or a notification from the service but after receiving an order to report for military service or a notification from the
Department of Defense that such an order could be forthcoming.Department of Defense that such an order could be forthcoming.249 242 50 U.S.C. § 4021(a). 243 Id. § 4021(b). 244 Id. § 4021(c). 245 Id. § 4021(b). 246 Id. 247 50 U.S.C. § 4022. 248 Id. § 4022(a)(2). 249 Id. § 4022(a)(1).
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Professional liability protection—Section 703 (50 U.S.C. § 4023).
Certain persons who, prior to being called to active duty, were furnishing health care, legal, or Certain persons who, prior to being called to active duty, were furnishing health care, legal, or
any other services which the Secretary of Defense determines to be professional services and who any other services which the Secretary of Defense determines to be professional services and who
had in effect a professional liability (i.e., malpractice) insurance policy may suspend payment of had in effect a professional liability (i.e., malpractice) insurance policy may suspend payment of
premiums on their liability insurance while they serve on active duty without losing any premiums on their liability insurance while they serve on active duty without losing any
coverage.coverage.250 The section covers insurance policies that, according to their terms, would not continue The section covers insurance policies that, according to their terms, would not continue
to cover claims arising prior to a lapse in coverage unless the insured continues to pay premiums.to cover claims arising prior to a lapse in coverage unless the insured continues to pay premiums.251
Definitions—“Profession” is defined in Subsection (i) to include “occupation.” Similarly, the “Profession” is defined in Subsection (i) to include “occupation.” Similarly, the
expression “professional” includes the term “occupational.” Neither “occupation” nor expression “professional” includes the term “occupational.” Neither “occupation” nor
“occupational” is defined. Subsection (i) also defines “active duty,” adopting the definition used “occupational” is defined. Subsection (i) also defines “active duty,” adopting the definition used
in Section 101 of Title 10, in Section 101 of Title 10, U.S. Code. However, the provision is further limited to persons called . However, the provision is further limited to persons called
to active duty (other than for training) under 10 U.S.C. §§ 688 (retired members of regular Armed to active duty (other than for training) under 10 U.S.C. §§ 688 (retired members of regular Armed
Forces, members of the Retired Reserves, and members of the Fleet Reserve or Fleet Marine Forces, members of the Retired Reserves, and members of the Fleet Reserve or Fleet Marine
Corps Reserve); 12301(a) (activation of Reserves during war or national emergency declared by Corps Reserve); 12301(a) (activation of Reserves during war or national emergency declared by
Congress); 12301(g) (member of Reserve component in captive status); 12302 (Ready Reserve); Congress); 12301(g) (member of Reserve component in captive status); 12302 (Ready Reserve);
12304 (Selected Reserve and certain Individual Ready Reserve members called to active duty 12304 (Selected Reserve and certain Individual Ready Reserve members called to active duty
other than during war or national emergency); 12306 (Standby Reserve); 12307 (Retired other than during war or national emergency); 12306 (Standby Reserve); 12307 (Retired
Reserve); and, if any of the preceding sections are invoked, Section 12301(d) (volunteer member Reserve); and, if any of the preceding sections are invoked, Section 12301(d) (volunteer member
of a Reserve component).of a Reserve component).252
Suspension of coverage—Professional liability insurance policies covered by this section are —Professional liability insurance policies covered by this section are
suspended from the time the insurer receives a request for protection until the insured requests in suspended from the time the insurer receives a request for protection until the insured requests in
writing to have the policy reinstated.writing to have the policy reinstated.253 In the case of a joint insurance policy, no suspension of In the case of a joint insurance policy, no suspension of
coverage is required for the policyholders who are not called to active duty.coverage is required for the policyholders who are not called to active duty.254 For example, if For example, if
several physicians jointly purchase a group policy of malpractice insuranceseveral physicians jointly purchase a group policy of malpractice insurance, and only one of them and only one of them
is called to active duty, the coverage of those not called to active duty need not be suspended by is called to active duty, the coverage of those not called to active duty need not be suspended by
the insurer. the insurer.
Premiums—The insurer may not charge premiums for coverage that is suspended.—The insurer may not charge premiums for coverage that is suspended.255 The insurer The insurer
must either refund any amount already paid for coverage that is suspended or, if the insured must either refund any amount already paid for coverage that is suspended or, if the insured
professional person chooses, apply the amount toward payment of any premium that comes due professional person chooses, apply the amount toward payment of any premium that comes due
after coverage is reinstated.after coverage is reinstated.256
Liability during suspension—The insurer is not obligated to pay any claim that is based on a —The insurer is not obligated to pay any claim that is based on a
professional’s actions (or inaction) during a period when a policy is suspended.professional’s actions (or inaction) during a period when a policy is suspended.257 In the case of In the case of
claims involving obligations imposed by state law on a professional person to assure that her claims involving obligations imposed by state law on a professional person to assure that her
patients or clients will receive professional assistance in her absence to serve on active duty, the patients or clients will receive professional assistance in her absence to serve on active duty, the
section clarifies that the failure of the professional person to satisfy such an obligation will section clarifies that the failure of the professional person to satisfy such an obligation will
generally be considered to be a breach that occurred before the professional person began active generally be considered to be a breach that occurred before the professional person began active
250 Id. § 4023(b). 251 Id. § 4023(a). 252 Id. 253 Id. § 4023(b)(1). 254 Id. § 4023(e). 255 Id. § 4023(b)(2)(A). 256 Id. § 4023(b)(2)(B). 257 Id. § 4023(b)(3). Congressional Research Service 29 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary duty.258~~duty.~~ In such a situation, the insurer would be liable for the claim. In the event a claim arises In such a situation, the insurer would be liable for the claim. In the event a claim arises
while the patient is receiving alternate care as arranged by the servicemember for patients during while the patient is receiving alternate care as arranged by the servicemember for patients during
her absence, the insurer would not be liable for the claim.her absence, the insurer would not be liable for the claim.259
Actions against policyholder during suspension of coverage—In the event a malpractice suit (or —In the event a malpractice suit (or
administrative action) is filed during the period when the insurance is suspended, the litigation administrative action) is filed during the period when the insurance is suspended, the litigation
will be stayed until the end of the suspension period.will be stayed until the end of the suspension period.260 The stay applies only where the malpractice The stay applies only where the malpractice
is alleged to have occurred before the suspension began, and would thus be covered by the policy.is alleged to have occurred before the suspension began, and would thus be covered by the policy.261
Litigation stayed under this rule is deemed to be filed on the date the suspended insurance is Litigation stayed under this rule is deemed to be filed on the date the suspended insurance is
reinstated.reinstated.262 The period of any stay granted under this provision is not counted when computing The period of any stay granted under this provision is not counted when computing
whether or not the relevant statute of limitations has run.whether or not the relevant statute of limitations has run.
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263
In the event that a professional person whose malpractice insurance coverage has been suspended In the event that a professional person whose malpractice insurance coverage has been suspended
should die during the period of the suspension, any stay of litigation or administrative action should die during the period of the suspension, any stay of litigation or administrative action
against the person under this section is lifted.against the person under this section is lifted.264 In addition, the insurer providing the coverage that In addition, the insurer providing the coverage that
was suspended is to be liable under the policy just as if the deceased person had died while was suspended is to be liable under the policy just as if the deceased person had died while
covered by the policy but before the claim was filed.covered by the policy but before the claim was filed.265
Reinstatement of coverage—The insurer is required to reinstate the insurance coverage on the —The insurer is required to reinstate the insurance coverage on the
date the servicemember transmits a written request for reinstatement, which must occur within 30 date the servicemember transmits a written request for reinstatement, which must occur within 30
days after the covered servicemember is released from active duty.days after the covered servicemember is released from active duty.266 The insurer must notify the The insurer must notify the
policyholder of the due date for payment of any premium required for reinstatement of the policy, policyholder of the due date for payment of any premium required for reinstatement of the policy,
and that the premium must be paid within 30 days after the notice is received by the professional and that the premium must be paid within 30 days after the notice is received by the professional
person.person.267 The section also limits the premium that the insurer can charge for reinstated coverage to The section also limits the premium that the insurer can charge for reinstated coverage to
the rate that would have applied if the servicemember had not been deployed.the rate that would have applied if the servicemember had not been deployed.268 The insurer is not The insurer is not
allowed to recoup missing premiums by charging higher rates for reinstated coverage.allowed to recoup missing premiums by charging higher rates for reinstated coverage.269 The insurer The insurer
may charge higher rates for reinstated coverage if it raised the rates for all policyholders with may charge higher rates for reinstated coverage if it raised the rates for all policyholders with
similar coverage, provided that the servicemember would have had to pay a higher premium even similar coverage, provided that the servicemember would have had to pay a higher premium even
if she had not suspended coverage.if she had not suspended coverage.270
Health insurance reinstatement—Section 704 (50 U.S.C. § 4024).
This section grants servicemembers who were called to military service, as described in This section grants servicemembers who were called to military service, as described in
§ 703(a)(1), the right, upon termination or release from military service, to reinstatement of any § 703(a)(1), the right, upon termination or release from military service, to reinstatement of any
health insurance policy that was in effect on the day before the servicemember entered military health insurance policy that was in effect on the day before the servicemember entered military
service, and that terminated at any time during her service.service, and that terminated at any time during her service.271 Servicemembers must apply for 258 Id. § 4023(b)(4). 259 Id. § 4023(b)(3). 260 Id. § 4023(f)(1). 261 Id. 262 Id. § 4023(f)(2). 263 Id. § 4023(g). 264 Id. § 4023(h)(1). 265 Id. § 4023(h)(2). 266 Id. § 4023(c)(2). 267 Id. 268 Id. § 4023(d)(1). 269 Id. 270 Id. § 4023(d)(2). 271 50 U.S.C. § 4024(a). Congressional Research Service 30 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary ~~Servicemembers must apply for~~
reinstatement within 120 days of termination or release from active duty.reinstatement within 120 days of termination or release from active duty.272 An insurer may not An insurer may not
impose new exclusions from coverage or waiting periods for reinstatement of coverage with impose new exclusions from coverage or waiting periods for reinstatement of coverage with
respect to conditions arising prior to or during the servicemember’s period of military service, if respect to conditions arising prior to or during the servicemember’s period of military service, if
such an exclusion or waiting period would not have applied during regular coverage and the such an exclusion or waiting period would not have applied during regular coverage and the
condition has not been determined to be a disability incurred in the line of duty under 38 U.S.C. condition has not been determined to be a disability incurred in the line of duty under 38 U.S.C.
§ 105.§ 105.273 The section does not apply to employer-sponsored health insurance plans covered by the The section does not apply to employer-sponsored health insurance plans covered by the
provisions of the Uniformed Services Employment and Reemployment Rights Act provisions of the Uniformed Services Employment and Reemployment Rights Act ~~(USERRA).115~~
(USERRA274).275 Insurance plans covered by USERRA are subject to similar protections under 38 U.S.C. § 4317. Insurance plans covered by USERRA are subject to similar protections under 38 U.S.C. § 4317.
In 2006, Congress added language to Section 704 limiting the ability for insurers to charge a In 2006, Congress added language to Section 704 limiting the ability for insurers to charge a
servicemember premium increases on a health insurance policy covered by the section.servicemember premium increases on a health insurance policy covered by the section.~~116~~276 The The
amount of the premium may not be increased, on a policy being reinstated for the balance of the amount of the premium may not be increased, on a policy being reinstated for the balance of the
period for which the coverage would have continued had it not been terminated, above an amount period for which the coverage would have continued had it not been terminated, above an amount
that would have been charged before termination.that would have been charged before termination.277 In the event that the premiums for similarly In the event that the premiums for similarly
covered individuals increased during the terminated period, the increased premium may be covered individuals increased during the terminated period, the increased premium may be
assessed to the servicemember upon reinstatement of the policy.assessed to the servicemember upon reinstatement of the policy.278
Guarantee of residency for military personnel and spouses of
military personnel—Section 705 (50 U.S.C. § 4025).
Military personnel and their spouses are not deemed to have changed their state of residence or Military personnel and their spouses are not deemed to have changed their state of residence or
domicile for the purpose of voting for any federal, state, or local officedomicile for the purpose of voting for any federal, state, or local office, solely because of their solely because of their

~~115 Pub. L. No. 103-353, 108 Stat. 3161 (1994), codified at 38 U.S.C. §§ 4301-35 (2018).~~
~~116 Pub. L. No. 109-233, 120 Stat. 397 (2006).~~
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~~absence from the respective state in compliance with military or naval orders. As amended in~~
~~2018, the section provides that a spouse may elect to use the same residence regardless of the date~~
~~of marriage.117~~
~~Business or trade obligations—Section 706 (50 U.S.C. § 4026).~~
~~The assets of a servicemember are protected from attachments to satisfy business debts for which~~
~~the servicemember is personally liable, as long as the assets sought to be attached~~absence from the respective state in compliance with military or naval orders.279 In addition, as amended in 2018, this section provides that a spouse may elect to use the same residence as the servicemember regardless of the date of marriage to vote for any federal, state, or local office.280 Portability of professional licenses of servicemembers and their spouses—Section 705A (50 U.S.C. § 4025a). Added in 2023, this section provides for the recognition of professional licenses and certificates (not including law licenses) issued by other jurisdictions to servicemembers or spouses of servicemembers who have relocated to a new jurisdiction pursuant to military orders, providing the licensee remains in good standing with the issuing authority and any other issuing authority that has issued a similar license to the licensee.281 The licensee must meet standards of practice for the relevant profession in the new jurisdiction, including fulfilling any continuing education 272 Id. § 4024(d). 273 Id. § 4024(b). 274 Pub. L. No. 103-353, 108 Stat. 3161 (1994) (codified at 38 U.S.C. §§ 4301-35). 275 50 U.S.C. § 4024(c). 276 Pub. L. No. 109-233, § 302, 120 Stat. 397, 406 (2006) (amending previous 50 U.S.C. App. § 594, currently codified at 50 U.S.C. § 4024). 277 50 U.S.C. § 4024(e)(1). 278 Id. § 4024(e)(2). 279 Id. § 4025(a)-(b). 280 Pub. L. No. 115-407, § 303, 132 Stat. 5373 (2018) (codified at 50 U.S.C. § 4025(b)(2)). 281 Pub. L. No. 117-333, § 19(a), 136 Stat. 6136, 6137 (2023) (codified at 50 U.S.C. § 4025a). Congressional Research Service 31 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary requirements, and is subject to the relevant disciplinary authority there.282 The licensee must have actively used the license during the two years preceding relocation to the new jurisdiction.283 If the licensee is able to practice in multiple jurisdictions through an interstate licensure compact, the provisions of that compact apply.284 Business or trade obligations—Section 706 (50 U.S.C. § 4026). The assets of a servicemember are protected from being used to satisfy business debts for which the servicemember is personally liable, as long as such assets are not held in are not held in
connection with the business. The obligor connection with the business. The obligor ~~would have~~has the right to apply to the court for a the right to apply to the court for a
modification of the servicemember’s relief modification of the servicemember’s relief ~~when~~as warranted by equitable considerations. warranted by equitable considerations.
Guarantee of residency for spouses of servicemembers—Section
707 (50 U.S.C. § 4027).
The spouse of a servicemember may elect to use the servicemember’s place of residency as a The spouse of a servicemember may elect to use the servicemember’s place of residency as a
place of residency for any purpose, including business registration, regardless of the date of place of residency for any purpose, including business registration, regardless of the date of
marriage.marriage.
Title VIII: Civil ~~Liability118~~Liability285
Title VIII provides the Attorney General the authority to bring civil actions against violators of Title VIII provides the Attorney General the authority to bring civil actions against violators of
the SCRA. Servicemembers who are aggrieved by a violation can join an action brought by the the SCRA. Servicemembers who are aggrieved by a violation can join an action brought by the
Attorney General or can initiate their own civil action against a violator. Attorney General or can initiate their own civil action against a violator.
Enforcement by the Attorney General—Section 801 (50 U.S.C.
§ 4041).
This section authorizes the U.S. Attorney General to commence a civil action in U.S. district This section authorizes the U.S. Attorney General to commence a civil action in U.S. district
court for violations of the SCRA by a person who (1) engages in a pattern or practice of violating court for violations of the SCRA by a person who (1) engages in a pattern or practice of violating
the act; or (2) engages in a violation that raises an issue of significant public importance.the act; or (2) engages in a violation that raises an issue of significant public importance. 286 Courts Courts
may grant any appropriate equitable or declaratory relief, including monetary damages. may grant any appropriate equitable or declaratory relief, including monetary damages.
Additionally, courts, in order to vindicate the public interest, may assess a civil penalty up to Additionally, courts, in order to vindicate the public interest, may assess a civil penalty up to
$55,000 for a first violation, and up to $110,000 for subsequent violations.$55,000 for a first violation, and up to $110,000 for subsequent violations.287 Finally, individuals Finally, individuals
alleging violations of the SCRA, for which the Attorney General has commenced an action, are alleging violations of the SCRA, for which the Attorney General has commenced an action, are
authorized to intervene in previously commenced cases as authorized to intervene in previously commenced cases as ~~a plaintiff.~~plaintiffs.288 282 50 U.S.C. § 4025a(a). 283 Id. § 4025a(c). 284 Id. § 4025a(b). For information about interstate licensure compacts, see Council of State Governments, Occupational Licensure: Interstate Compacts in Action, https://licensing.csg.org/wp-content/uploads/2019/07/OccpationalInterstateCompacts-InAction_Web.pdf. 285 Title VIII addressing civil liability was created by Pub. L. No. 111-275, § 303, 124 Stat. 2877 (2010) (codified at 50 U.S.C. §§ 4041-43). 28650 U.S.C. § 4041(a). For a list of recent Justice Department enforcement actions, see Justice Department, Recent Accomplishments of The Housing and Civil Enforcement Section, https://www.justice.gov/crt/recent-accomplishments-housing-and-civil-enforcement-section#jp%20scra. 287 50 U.S.C. § 4041(b). 288 Id. § 4041(c). Congressional Research Service 32 The Servicemembers Civil Relief Act (SCRA): Section-by-Section Summary
Private right of action—Section 802 (50 U.S.C. § 4042).
In addition to the right to join a previously commenced case, persons aggrieved by a violation of In addition to the right to join a previously commenced case, persons aggrieved by a violation of
the SCRA have the ability to commence a civil action in their own right.the SCRA have the ability to commence a civil action in their own right.289 The court may grant The court may grant
appropriate equitable or declaratory relief, including monetary damages.appropriate equitable or declaratory relief, including monetary damages.290 The court is also The court is also
authorized to award the costs of the action and reasonable attorney fees to an individual who authorized to award the costs of the action and reasonable attorney fees to an individual who
prevails in a civil action under this section.prevails in a civil action under this section.291 As amended in 2019, the provision also protects a As amended in 2019, the provision also protects a

~~117 Pub. L. No. 115-407, § 303, 132 Stat. 5373 (2018).~~
~~118 Title VIII addressing civil liability was created by Pub. L. No. 111-275, § 303, 124 Stat. 2877 (2010).~~
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servicemember’s right to serve as representative parties in class actions lawsuits, even if the servicemember’s right to serve as representative parties in class actions lawsuits, even if the
servicemember has contractually waived the right to do so.servicemember has contractually waived the right to do so.~~119~~292
Preservation of remedies—Section 803 (50 U.S.C. § 4043).
This section provides that Sections 801 and 802 do not preclude or limit any other remedies This section provides that Sections 801 and 802 do not preclude or limit any other remedies
available under the law, including consequential or punitive damages for violations of the SCRA. available under the law, including consequential or punitive damages for violations of the SCRA.

Author Information

Jennifer K. Elsea Jennifer K. Elsea

Legislative Attorney Legislative Attorney

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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~~119~~ 289 Id. § 4042(a). 290 Id. 291 Id. § 4042(c). 292 Pub. L. No. 116-92, div. A, §547(b), 133 Stat. Pub. L. No. 116-92, div. A, §547(b), 133 Stat. 1197, 1378 (2019) (codified at 50 U.S.C. § 4042(a)(3))~~1378 (2019)~~. .
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