Our military personnel make the decision to forego other pursuits and relative conveniences to serve our country and protect the freedoms and opportunities that we Americans enjoy (and too often take for granted). The sacrifice of our military and their families creates a debt that must be repaid. One means of repaying that debt protecting these military personnel in their business and legal affairs. The Servicemembers’ Civil Relief Act is a powerful piece of federal legislation provides some such protections by allowing military personnel to:
- terminate leases and other contracts
- prevent the entry of default judgments
- prevent evictions
- limit interest rate on credit obligations incurred prior to military service or activation
- prevent the sale of property and other on storage liens
- freeze the statute of limitations on many civil claims and defenses
The Act protects military personnel, their dependents (spouse and children), and sometimes even persons who are secondarily liable for obligations undertaken by the military personnel.
Unfortunately there are many stories of companies violating the SCRA and squeezing our military personnel. Citibank paid dearly for violating the SCRA by continuing to ratchet up interest on loans held by servicepersons while they were on active duty. Subway settled claims that it terminated its franchise contract with an Army reservist, reclaimed the reservist’s two restaurant locations, and sold them to Subway insiders. Capital One settled a lawsuit by the Department of Justice alleging Capital One’s engaging in
illegal foreclosures, wrongful repossessions of motor vehicles, improper court judgments, and improper handling of loan accounts held by military personnel.
If you are a member of the United States military and believe someone has violated your rights under the SCRA contact an attorney to discuss your rights. And many thanks for your service to our country.