The Servicemembers Civil Relief Act (SCRA) is a federal law offering protections to active-duty military members. It was previously known as the Soldiers and Sailors Civil Relief Act of 1940. Since then, the SCRA has gone through a number of changes regarding protections for active duty personnel.
SCRA protections include a process by which those who want to bring active duty service members to court must get a court order before starting either a judicial or administrative proceeding. Not doing so is a violation of the SCRA and can result in fines and other penalties.
The intent of the SCRA is to protect servicemembers away on active duty from worrying about issues back home, such as foreclosures and repossessions. That does not mean those in active duty service are exempt from such contracts, only that court orders be obtained first. SCRA rights also include extending to active duty military personnel an interest rate of no higher than 6% to military service members on active duty. A service member on active duty may inform the creditor of their military service status, but creditors are urged to make regular checks in the absence of notifications. A servicemember's military service status is a critically important consideration when pursuing debts in court.
Many lenders — including banks, car dealerships and others — have been the subject of scrutiny from the Department of Justice. The DOJ has filed suit against lenders as well as property management companies for SCRA violations. All of these cases were settled out of court for millions of dollars. This is evidence that the DOJ takes SCRA violations against those in military service seriously, and you should too. Even if you are an independent landlord, that does not mean you are not on the DOJ's radar. Lawsuits for SCRA violations can be brought by active duty military service members as well.
Anyone seeking court judgments, collections, repossessions, or foreclosures against a debtor must verify military status before proceeding to avoid incurring fines and other penalties. You can obtain this military verification, as well as nonmilitary affidavits, from the Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS).
Creditors must stay in compliance with the SCRA. SCRA rules apply to default judgments, rental agreements, security deposits, evictions, credit card interest rates, mortgage interest rates, mortgage foreclosure, automobile leases, life and health insurance, and more.
If you need verification that someone is or is not in the military, then register with us today Even if you don’t have their Social Security number or date of birth, we can help you. We can deliver a nonmilitary affidavit as quickly as the day after inquiry.
Frequently, you must present evidence in court that you have done an adequate search for military status. Our website offers a verification method that is much more efficient than using the DMDC or writing directly to the individual branches of the military.
Furthermore, going that latter route can mean waiting months to get results. Additionally, some branches of the armed forces have now indicated they are no longer able process active military duty requests because of a lack of resources. Experienced users find SCRACVS to be far superior to the DMDC site. One major difference is that SCRACVS offers affidavits and excellent customer support via phone and chat.
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If you want to use our site for verifying DMDC records, start by completing our simple registration form. It’s easy to register, and you don’t pay until you perform a military status search through our encrypted portal.
Providing a Social Security number is the quickest way to get results. But in most other cases, you may be able to get results with other personal data, too. Such data may include a date of birth, names of relatives, addresses, telephone numbers, or even the names of businesses to which the subject might be related. Our reporting also covers people who have recently retired from the military.
You pay nothing until your search is complete. You may submit as many names as you need searched, and you pay at checkout using PayPal. If we cannot provide the verification you need, you can opt to get a full refund or purchase an affidavit of due diligence, which is generally sufficient in a court of law. The cost of a search is $36.40, and we offer batch discounts to large-volume clients.