Things to know about the Servicemembers Civil Relief Act (2024)

The SCRA may be one of the most important benefits of joining the military. Learn how it can protect your finances while you serve.

The Servicemembers Civil Relief Act (SCRA) provides legal and financial protections for members of the armed services, the Public Health Service, and the National Oceanic and Atmospheric Administration. SCRA benefits cover a wide variety of financial areas, including rental agreements, interest rates, certain judicial proceedings and tax payments.

Who does SCRA cover?

The SCRA covers full-time, active duty service members for all five branches of the military, the Public Health Service, and the National Oceanic and Atmospheric Administration. Reservists called to federal active duty are covered, as are National Guardsmen called to national emergency federal orders lasting more than 30 days. Service members who are lawfully absent from duty due to sickness or injury are covered as well.

For full-time active duty service members, protections kick in on the day service begins. For Reservists and members of the National Guard, protections start the day they are notified of a call to active duty.

What does SCRA cover?

The act covers a number of benefits, from complex taxation needs to basic day-to-day financials. Here are some commonly used protections and benefits:

  • Interest rate limits: Interest rates on most loans or debt you accrued prior to military service are capped at 6 percent during your service.
  • Foreclosure protection: If your mortgage was originated before your military service, you may not be foreclosed upon while in military service and for one year after.
  • Eviction protection: You and your dependents are protected from eviction. As long as your rent doesn’t exceed a certain amount (this amount changes each year), a landlord must have a court order to evict you.
  • Judicial proceedings: You are not required to appear in civil court while serving. This includes proceedings such as divorce and child support, as well as foreclosure.
  • Lease and contract termination: If you have a cellphone contract, which does not provide coverage in your new area, an auto lease, or a residential lease that you need to terminate due to relocation (or a deployment of more than 90 days), you can terminate those contracts.
  • Repossession protection: If you obtained a personal property secured loan, (e.g. a car loan), before you began military service, the item cannot be repossessed without a court order. You must have paid a deposit or one installment payment prior to military service.
  • Tax relief: Provisions in the SCRA prevent a certain form of double taxation that occurs when you or your spouse work in a state different than your permanent residence. It also allows you to file for deferment of the April tax filing deadline, assuming certain conditions are met..

Note that this list of benefits is not comprehensive, and for more information —including additional detail and context for these benefits — visit the Department of Justice website.

What doesn’t SCRA cover?

A number of financial transactions are not protected, including:

  • New loans or debt: Contracts entered into during your service are not protected by the SCRA. This act applies specifically to loans taken out prior to active service.
  • Income taxes: While the SCRA allows for certain filing delays and helps protect you from double taxation, you and your family are still required to file with the IRS each year.
  • Criminal judicial proceedings: While the SCRA protects you from having to appear in civil court, if you are charged with criminal acts, the SCRA does not protect you from those court appearances.

How do I access my SCRA protections?

In most cases, you can contact your lender, landlord or service provider with a written record of the relevant information, such as relocation paperwork or deployment documents.

Ultimately, the SCRA is enforced by the Department of Justice and the attorney general. If your landlord or a lender is not complying with the terms of the act, your first step is to go to the legal assistance offices within your military branch to ask that the case be reviewed. If these offices can’t resolve the issue, they’ll bring them to the Justice Department.

For more on the SCRA and financial support for military members, contact the U.S. Bank Military Service center.

Things to know about the Servicemembers Civil Relief Act (2024)

FAQs

What is the summary of the Servicemembers Civil Relief Act? ›

The Servicemembers' Civil Relief Act applies in bankruptcy cases. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.

What are the benefits of the Servicemembers Civil Relief Act? ›

Overview of SCRA protections
  • Reduced interest rates. ...
  • Postponement of foreclosures. ...
  • Deferred income taxes. ...
  • Eviction prevention. ...
  • Protection against default judgments. ...
  • Postponed civil court matters. ...
  • Protection for small-business owners. ...
  • Termination of residential lease agreements.

What does SCRA not cover? ›

Criminal judicial proceedings: While the SCRA protects you from having to appear in civil court, if you are charged with criminal acts, the SCRA does not protect you from those court appearances.

What is the 6 percent rule for SCRA? ›

The Six Percent Rule: An Army Reserve servicemember has the ability to reduce consumer debt and mortgage interest rates to 6% under certain circ*mstances. This applies only to debts and mortgages that were entered into prior to entry on active duty.

How do you use SCRA benefits? ›

You can request an interest rate reduction from your lender at any time while you are serving on active duty and up to 180 days after release from active duty. A lender can't revoke your loan or credit account, change the terms of your credit, or refuse to grant you credit just because you exercised your SCRA rights.

Who qualifies for Servicemembers Civil Relief Act? ›

The Servicemembers' Civil Relief Act (SCRA) postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and relieve stress on their families. The SCRA covers all active duty service members, reservists, and members of the National Guard while on active duty.

What is the maximum interest rate for the Servicemembers Civil Relief Act? ›

Under the Servicemembers Civil Relief Act (SCRA), the maximum interest rate that may be charged on an eligible Direct Loan or FFEL Program loan is 6% during the period of the servicemember's qualifying military service.

Which persons are not eligible for benefits under the SCRA? ›

Persons Not Entitled to Benefits

Reservists or National Guard personnel not in an active-duty status are not covered under the SCRA. Also, the statute does not protect retired personnel.

How long do SCRA benefits last? ›

Benefits start on the date active duty orders are received, and SCRA protection generally terminates one year after the date of discharge of active duty; in limited situations, a servicemember's dependents may also be eligible.

What are SCRA violations? ›

The types of violations courts can hold lenders liable for include: Repossessions. Foreclosures. Evictions. Excessive interest charges.

Does the SCRA give money back? ›

Servicemembers Get Money Back

Additionally, the SCRA requires that any request for a lower interest rate be followed by some form of refund. So all the extra money that the servicemember paid as his or her interest rate that grew over the years? It must be given back upon the request for a backdated interest rate.

What loans are not covered by SCRA? ›

The SCRA covers existing debts when a servicemember is on active duty. In other words, it only applies to debt incurred before active duty begins. Joint loans qualify if the active duty servicemember is one of the owners and the loan was incurred before entering active duty.

What are the benefits of the Servicemember Civil Relief Act? ›

The SCRA's benefits and protections include a 6 percent interest rate cap on financial obligations that were incurred prior to military service; the ability to stay civil court proceedings; protections in connection with default judgments; protections in connection with residential (apartment) lease terminations; and ...

Can you terminate a car loan with SCRA? ›

Service members and their loved ones may be able to end their car lease under the Servicemembers Civil Relief Act (SCRA). This law only applies to vehicle leases, not traditional vehicle purchases and payments.

What documents are needed for SCRA? ›

Frequently asked questions for those applying for SCRA benefits
  • A copy of your official military orders.
  • A letter from your commanding officer on military letterhead.
  • Any form of official notification of military service.

What is the summary of SCRA act? ›

The Act gives the central government the power to stop unauthorized trading. The other provisions of SCRA include the following: Regulation of Securities Contracts: The Securities Contracts Regulation Act regulates agreements for buying and selling securities. All such contracts must follow its rules.

What is the primary purpose of the SCRA? ›

SCRA in Brief

The primary purpose of the SCRA is to ease legal and financial burdens on military personnel and their families brought on by the demands of active duty.

What are the changes to the Servicemembers Civil Relief Act? ›

Beginning in January 2023, the contract termination provision in the SCRA now includes gym memberships, fitness programs and home security services. Previously, this section only included cell phone service, internet access and cable television as covered contracts.

What does not qualify for SCRA interest rate relief? ›

The SCRA interest rate protection only applies to debts incurred prior to going on Active Duty. Deployments aren't covered by SCRA for purpose of reducing interest rates.

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