Congress recently announced plans to re-introduce a bill to ban the use of forced arbitration in cases involving the Servicemembers Civil Relief Act. This move may prove to have a serious impact on lenders. The bill, known as the Justice for Servicemembers Act, has been kicking around Congress for a couple of years. Reps. David…
Lenders and car dealerships beware when repossessing cars. California Auto Finance agreed to pay $80,000 in a settlement with the Department of Justice. This is the company’s second fine for an SCRA violation. The DOJ filed suit against California Auto Finance for repossessing the vehicle of a servicemember who had enlisted in the military. This,…
New SCRA updates make it easier for servicemembers to verify military status to lenders. One of the significant benefits to servicemembers under the Servicemembers Civil Relief Act (“SCRA”) is the possibility that interest rates on certain loans and credit card accounts be reduced to 6% when the person obtains active duty status. Under the SCRA,…
When, despite all efforts, we or you cannot determine the military status of the defendant in your court case, you will need an affidavit of due diligence. Some businesses deal with members of the military more than others. These include banking, property management, public storage and more. Due to the nature of these industries, you are likely to encounter…
certificate of nonmilitary servic To verify military status of an individual and get a military affidavit, log in to your account above. If you aren’t registered, you can register here. Transcript: Let’s first define the military affidavit. As you can see from the slide, the affidavit is a sworn statement proving the defendant is not an…
After a servicemember asks a creditor for relief under the Servicemembers Civil Relief Act (“SCRA”), the lender must be cautious and should tread very carefully before denying such a request or taking any retaliatory action. Unless there are other, distinct, and relevant factors, the lender may not take adverse action against the servicemember based solely upon invocation of SCRA rights. The creditor may not refuse to issue additional credit to an individual, just because he exercised his/her rights under the SCRA.
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