1. The Servicemembers
Civil Relief Act:
How It Affects Collections
Justin B. Hosie
phone: 423.490.7564
email: jhosie@hudco.com
www.hudco.com

2. Background: History,
Purpose, and Scope
• Where did the SCRA become law?
• What is the purpose?
• Who is a Servicemember?
• Who does is protect?
• Are non-servicemembers protected?
• When the SCRA is applicable?
• How long do the protections apply?
• How far does the SCRA reach?

3. Limits, Prohibitions, and
Waivers
• Has service materially affected the consumer?
• Can the consumer waive their rights?
• Can I treat a consumer differently because he/she exercised these
rights?
• Are debt collection calls prohibited?
• Can you compel the servicemember into court?
• What about after 90 days?
• Can you get a default judgment?
• Will the consumer “time out” of the debt?
• Is there an SCRA rate cap?
• Was the servicemember really activated?
• Statute of Limitations?

4. Special Circumstances: Eviction, Property
Purchase, Mortgages, Leases, and the
SCRA Foreclosure Protections
• Eviction Proceedings?
• Installment Contract for Purchase of Property?
• Mortgages?
• Termination of Residential or Motor Vehicle
Leases?
• Anticipatory Relief?

5. Actions, Fines, and
Damages
• What does a violation cost?
• Civil Penalties?
• Other Costs?

6. Recent Federal
Regulatory Actions
• Capital One
• National Servicer Settlement
• Countrywide
• Saxon

7. Contact Information
Justin B. Hosie
Hudson Cook, LLP
6005 Century Oaks Drive, Suite 500
Chattanooga, TN 37416
423.490.7564
jhosie@hudco.com