Connecticut Family Law Firm Focuses on Soldiers’ and Sailors’ Civil Relief Act

New London Military Family Law Attorney Experienced with SSCRA

In an effort to protect persons serving in the military and allow them to focus all their energy to the defense needs of the nation, Congress enacted civil relief legislation to suspend the enforcement of certain liabilities during a period of service (and for a short period afterwards). This legislation is known as the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) of 1940.

Those Covered Under the SSCRA

The persons covered under the provisions of the Soldiers’ and Sailors’ Civil Relief Act include:

  • Active duty members of the armed forces (Army, Navy, Air Force, Marine Corps and Coast Guard).
  • Reserve, National Guard, and Air National Guard personnel who are on federal active duty.
  • Inductees serving with the armed forces.
  • Public Health Service and National Oceanic and Atmospheric Administration officers detailed for duty with the armed forces.
  • Persons who are studying or under the supervision of the U.S. preliminary to induction.
  • National Guard and Air National Guard Personnel on duty at the request of the President.

Coverage under the Act is only for active duty members, and does not include service members who are not on active duty or are retired.

Provisions of the Act

The Soldiers’ and Sailors’ Civil Relief Act contains numerous protections for active duty service members, including:

  • Default judgments. Affidavit of non-military service is required in all default judgments, and if no affidavit of non-military service is filed, a court may not enter judgment against a defendant until they have retained an attorney to protect their interests.
  • Stays of proceedings. When a party to a lawsuit is in military service or was on active duty within the last 60 days, a court has discretion to grant a stay of the proceedings without fine and/or penalty. Garnishments, attachments, and executions of judgments may be stayed or vacated.
  • Statutes of limitation. During the period of active duty, statutes of limitation, both for and against the service member, are tolled and do not run, except for time limits established by the IRS.
  • Maximum rate of interest. Maximum rate of interest is 6% per annum, and applies to any interest-bearing obligation or liability, including mortgages, car loans, business loans, credit cards, lines of credit, and automobile and equipment leases. This protection applies to pre-service debts only, and does not apply to debt incurred during active duty.
  • Protection of dependents from eviction. If rent for house or apartment occupied for dwelling purposes does not exceed $1,200 per month, leave of court must be granted before the member’s wife, children, or other dependents may be evicted.
  • Installment contracts. A member who contracts to purchase property and pays an installment or makes a deposit under the contract and subsequently enters military service receives certain protections.

Contact a Connecticut Military Family Law Firm Today

Do you have questions about protections under the Soldier’s Sailor’s Civil Relief Act? Bruce A. Chamberlain Law Office has focused on military divorce law for more two decades. Contact him online or call (860) 440-2846 to schedule your consultation today.