Resources and Links: Servicemembers Civil Relief Act (SCRA)

Resources and Links

We are a name-search service only. Creditors (such as banks, mortgage companies) and their attorneys and agents as wells as others need to be cautious about taking certain action against people who are on active duty or who may have recently left active duty (the Act's protections may extend up to a year after termination of active duty).

People who contract with Servicemembers may also need some verification. Searches are conducted to determine whether or not a servicemember is active, and subject to the protections of the Servicemembers Civil Relief Act (SCRA).

We do not, however, offer legal advice and therefore recommend that you contact your closest legal resource or if you are in the military, try your local Judge Advocate General.

See links in Menu Bar above!

In addition to the links appearing above, here are others that may be of interest:

In searching the internet, we came upon these good resources for your consideration. We are unable to authenticate any information contained therein nor are the links thereto to be considered the rendering of any advice.

Resources for Servicemembers and Dependents:

Go to www.militaryProBono.org or www.lawhelp.org
Look at a guide prepared for Judges. It includes the format of imporant letters you can send. Click here to view.
Another resource can be found at: JAG Corps News (To navigate to the correct articles, search under Servicemembers Civil Relief Act. You will find articles about driver's licenses, domiciles, and a myriad of other information of interest to the Servicemember.)

Resources for Others:

Finding historical information about a person's military service: Go to Article in About.com

Good exposition by John T. Meixell, Office of the Judge Advocate General, U.S. Army, Legal Assistance Policy Division: Click here to download

Congressional Research Service 2008 Report on SCRA: Click here to view an excellent summary of the SCRA and the changes proposed in 2008.

Effect of SCRA on Child Support Cases: Click here to download (U.S. Department of Health and Human Services, Administration for Children and Families.

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The Servicemembers Civil Relief Act ("SCRA", successor to the Soldiers and Sailors Relief Act) accords certain protections and rights to individuals who are either on active military duty or recently retired. The purpose of the Act is to allow the servicemembers to perform their valuable duties without the worry of civil prosecution, foreclosure or eviction under most circumstances. Before a court will permit such actions, the court will require certification that a military search has been conducted to confirm that the individual is not entitled to the protections of the Act. Proof of that search is often in the form of a military affidavit, "non-military affidavit", or "nonmilitary affidavit". The Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS) is available on-line and permits SCRA searches even if no social security number or date of birth of the individual is available. In addition, SCRACVS provides full tracking, covers recently retired personnel, and provides unequivocal responses. The Defense Manpower Data Center (DMDC or DMDC.osd) is more limited as a resource because it is unable to conduct an unequivocal active duty military search unless a Social Security Number (SSN) is provided. If a d.o.b. alone is provided, the DMDC will issue a strong disclaimer indicating that the military certification is not guaranteed if no SSN was provided. Some courts will not accept a response with such a disclaimer. The SCRACVS response generally does not include this disclaimer. Information secured from us does not constitute a "consumer report" as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA). Accordingly, information secured from us may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another permissible purpose under the FCRA. Due to the nature of the origin of public record information, the public records and commercially available data sources used in reports may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. Our product and services aggregate and report data, as provided by the public records and commercially available data sources, and are not the source of the data.