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While protecting the United States during times of war, some servicemen and servicewomen may find it difficult to meet certain financial obligations at home, such as rent or mortgage payments. Fortunately, the Service Members Civilian Relief Act (SCRA) ensures that service members do not suffer the added burden of worrying about foreclosure while they are protecting our country.

Below are some of the financial protections that the SCRA provides for service members and their families:

  • Protection Against Default Judgments – SCRA establishes a number of procedures that must be followed in all civil proceedings in order to protect service members against the entry of default judgments. For example, if a judgment is entered against the defendant while he or she is in military service, the judgment may be re-opened by the court and the defendant may then provide a defense.
  • Stay of Proceedings – If a service member has received notice of a proceeding, he or she may ask the court to stay the proceedings. In order for a stay to be granted, a service member must inform the court that his or her current military duty requirements materially affect his or her ability to appear in court.
  • Judgments, Attachments, and Garnishments – Upon receiving an application, the court must stay the execution of any judgment entered against a service member and vacate or stay any attachment or garnishment of the service member’s property or assets. The stay of execution of a foreclosure, for example, may be ordered for the length of the service member’s military service, plus 90 days after discharge from the service.  

If you are an active service member and facing foreclosure, Cutler & Associates, Ltd. can help protect your rights under SCRA.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.