The Servicemembers Civil Relief Act (SCRA) provides legal protections for active duty service members, including reducing interest rates on debts to 6% and protecting against default judgments, evictions, foreclosures, and repossessions. It covers issues like rental agreements, credit cards, mortgages, taxes, and vehicle leases. Protection begins on the date of active duty and typically ends 30-90 days after discharge. Service members can waive rights under the SCRA in writing. Before a default judgment, plaintiffs must file an affidavit about the defendant's military status or inability to determine status. Default judgments entered against service members in violation of the SCRA can be vacated if certain conditions are met.

1. SERVICEMEMBERS
CIVIL
RELIEF
ACT

2. WHAT IS THE SCRA?
• Servicemembers Civil Relief Act (SCRA)
• Formally known as the Soldiers’ and Sailors’ Civil Relief Act (SSCRA)
• Federal law the provides protections for military members that are active duty
or deployed servicemembers.
• Active duty military
• Army, Navy, Marines, Coast Guard, Air Force
• Includes National Guard and Reservists while on active duty status or
deployed

3. WHAT DOES IT DO?
• Designed to postpone or suspend certain civil obligations to enable service
members to devote full attention to duty and relieve stress on the family
members of those deployed servicemembers.
What is Stenger’s Policy?
• Military checks must be performed prior to filing suit and at a
minimum of 6 months prior to commencing post judgment
actions.
• If a consumer is active in the military then the file is placed on
hold and no further actions can commence. In some cases,
the file may be closed back to the client.

4. WHAT DOES IT COVER?
• Three primary areas of coverage:
• Protection against the entry of default judgments
• Stay of proceedings where the servicemember has notice of the
proceeding
• Stay or vacation of execution of judgments, attachments, and
garnishments
• Protection coverage includes:
• Rental agreements, security deposits, prepaid rent, eviction, installment
contracts, credit card interest rates, mortgage int. rates, mortgage
foreclosure, civil judicial proceedings, auto leases, life insurance, health
insurance, and income tax payments

5. WHEN DOES PROTECTION BEGIN & END?
• Protection beings on the date of entering active duty and generally terminates
within 30 to 90 days after discharge from active duty.
• Servicemember may waive any of the rights and protections provided by this
act, waivers required in writing

6. TYPES OF RELIEF
• Reducing the interest rate for debts incurred before entering active duty to 6
percent;
• Protecting against default judgments, evictions, mortgage foreclosures and
repossession of property
• The ability to terminate residential and auto leases without penalties.

7. AFFIDAVIT OF NON-MILITARY SERVICE
• 4.1.2 – Affidavit Requirement
 Before any default judgment may be entered, the plaintiff must file an
affidavit stating: (i) whether or not the defendant is in military service (with
supporting facts); or (ii) whether the plaintiff is unable to determine if the
defendant is in military service
• Penalty for False Affidavits
 Any person who makes or uses a false affidavit may be fined, imprisoned
for up to a year, or both.

8. MILITARY SERVICE CERTIFICATES
• Because it is the court’s duty to determine the status of a defendant’s military
service before entering a default judgment, the SCRA permits the court or the
parties to apply for a certificate from the Department of Defense (“DOD”)
concerning a party’s military service.28 The DOD office to contact for such
inquiries is the Defense Manpower Data Center.
 SCRA Inquires may be made at https://www.dmdc.osd.mil/scra/owa/home

9. COURT PROCEEDINGS
• If court is unable to determine whether the defendant is in the military service,
before entering judgment may require plaintiff to file a bond in an amount
approved by court.
• If a servicemember who is a defendant in an action covered by this section
receives actual notice of action, the servicemember may request a stay of
proceeding under, Section 202
• Appointment of an Attorney
 Where it appears the defendant is in military service, and has not entered
an appearance, the court may not enter a judgment until after the court
appoints an attorney to represent the defendant. If the appointed attorney
cannot locate the servicemember, actions by the attorney in the case will
not waive any defense or otherwise bind the servicemember.

10. PROCEDURES FOR VACATING DEFAULT JUDGMENTS
• Default Judgments entered in violation of the SCRA are voidable and may be
vacated
 Default judgments may be reopened and vacated under the following conditions:
• (A) The default judgment must have been entered during the servicemember’s period of
military service or within 60 days after termination of or release from military service
 (B) The servicemember must file an application with the court or tribunal that issued the
default judgment, and affirmatively seek to vacate the default judgment and reopen the
case for purposes of defending against the action. Such an application must be filed no
later than 90days after the termination of or release from military service; and
 (C) The servicemember must establish that, at the time the judgment was entered,
he/she:
 Was “materially affected” by military service in making a defense; and
 Has a meritorious defense, in whole or in part.