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Understanding the Servicemembers' Civil Relief Act

Understanding the Servicemembers' Civil Relief Act

Posted By Peter Rasla & Associates, P.L.C. || 24-Dec-2012

Debt can be overcoming for anyone, including members of the military. Although this is a facet of bankruptcy law that is often overlooked, members of the military service are just as in need of legal representation as are all other law abiding citizens of our country. Therefore, we will take this time to further explain the Servicemembers' Civil Relief Act, which from here on out, shall be referred to as the SCRA.

At its core, the SCRA is used as a means of protection for members of the military who've found themselves in a financial predicament that would typically call for the entry of default judgments. The Act is most often used in conjunction with situations that would normally incite a court's issuance of stay proceedings. Given the nature of their work, however, the circumstances of a service member at any given time could make it extremely difficult to adequately execute the proceedings involved with judgment entries. As such, the SCRA provides a reasonable set of alternatives.

The SCRA can be found at 50 U.S.C. app §§ 501 et. seq., where its stated purpose suggests that the Act will serve to both support and accelerate national defense. To do so, service members are protected under civil actions of the SCRA; specifically, the temporary suspension of judicial and administrative proceedings or transactions that could in any way adversely affect the term of service being served by a member of the military. Under the assumption that military members should not be distracted from the importance of their mission – to defend and protect our nation – the SCRA ensures that matters of bankruptcy will not hinder or detract from the energy that would otherwise be devoted to their term of service.

Members of the military who are protected under the rights that are listed in the SCRA will benefit from a reduced interest on some of the obligations which were incurred prior to their term of service. They will also feel the advantages brought about by the restriction that is placed on default judgments, as well as the restriction of rental evictions for themselves and any additional dependents. As rights that are provided to all active members of the military, the SCRA will only end when the service member who is benefitting from them has been officially discharged.

Stay proceedings and default judgments are key components of the bankruptcies that are filed in Irvine, California. As such, the protections that are provided to members of the military who are actively serving the country could significantly (and positively) affect service members who are on active duty. If you are a member of our country's armed forces, and you are currently facing financial difficulties of any sort, we encourage you to contact the law office of Peter Rasla & Associates, P.L.C.

For more than 15 years, our lead attorney has successfully represented cases of bankruptcy, foreclosure, and creditor harassment in areas throughout Southern California. Now, more than a decade after the inception of our firm, we are proud to have earned the recognition of an AV® Preeminent™ rating in bankruptcy law. As you face the legal issues that are often felt by debtors who are contemplating bankruptcy, you can find the professional support and personal relief you need by contacting an experienced lawyer at our firm. The skill level and knowledge that will be applied to your case can go a long way in helping you reach the financial freedom for which you've been looking. Contact us today for more information.

Categories: Bankruptcy