General

By: Roy L. Kaufmann

What are Common Myths About The Servicemembers Civil Relief Act?

There are a number of pervasive myths regarding the Servicemembers Civil Relief Act. In order to ensure compliance with this important law, it is critical that those who work with servicemembers know the ins and outs of the SCRA.

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By: Roy L. Kaufmann

The SCRA and Bankruptcy: Does it Apply?

Without a doubt, the Servicemembers Civil Relief Act applies in bankruptcy cases. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. The language of the SCRA states that it is applicable in any action or proceeding commenced in any court. 50 U.S.C. app. §§ 521, 522 and 524. Therefore, absent contravening language with respect to bankruptcy proceedings, the SCRA applies to all actions or proceedings before a bankruptcy court.

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By: Roy L. Kaufmann

Active Duty Definition per DMDC

The Department of Defense Manpower Data Center ("DMDC"), the source of information reported by the Servicemembers Civil Relief Act Centralized Verification Service ("SCRACVS") reports the following on in its user manual as the definition of active duty as interpreted under the Servicemembers Civil Relief Act ("SCRA"): Active Duty Status is defined in accordance with 10 USC §101(d)(1). Prior to 2007, DMDC only received information on active duty periods of more than 30 consecutive days. In the case of a member of the National Guard, Active Duty includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs), and Coast Guard Reserve Program Administrator (RPAs).

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By: Roy L. Kaufmann

Why Pay for a DMDC Search?

While a DMDC search for military status is free, you may must get what you pay for. The Defense Manpower Data Center, a branch of the Department of Defense, has specific requirements for performing a military status search, and if...

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By: Roy L. Kaufmann

5 Advantages to Working with SCRACVS for Verifying Military Service

You have a number of options available for verifying military service, so why are so many people working with SCRACVS? Lawyers, pro se plaintiffs, creditors and anyone else who works with active duty servicemembers and needs to guarantee compliance with...

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By: Roy L. Kaufmann

Who Receives SCRA Protections?

Do you ever wonder who is eligible for SCRA protections? The Servicemembers Civil Relief Act is a fairly complex federal law that covers a swath of military personnel and their dependants. But which ones? According to federal laws, active military...

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By: Roy L. Kaufmann

What is the Maximum Servicemember Age under the SCRA?

When determining if someone is on active duty, there are some instances where a person's age may be a quick answer whether the person could be a "Servicemember" under the Servicemembers Civil Relief Act ("SCRA") found in the Appendix to 50 USCA 501 et seq. Although the SCRA refers to "Servicemember", but you must look elsewhere in the U.S. Code to find further definitions to explore the servicemember's age. Servicemember age is a determining factor whether the person is subject to the protections of the SCRA.

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By: Roy L. Kaufmann

Do Merchants Need Military Verifications for Retail Discounts?

Merchants always want to explore new areas of advertising and promotion. Often a military discount may be offered to those on active military duty. Additionally, once a relationship is opened with a customer, there are times when the customer asks to adjust or terminate a contract or exercise some rights under the Servicemembers Civil Relief Act.

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