General

Compliance with the Servicemembers Civil Relief Act is essential for credit card companies and other lenders. We explore the protections afforded by this act and how to properly observe them.

Courts usually interpret the Servicemembers Civil Relief Act to require that the plaintiff provide a military affidavit (also called a non-military affidavit, SCRA Affidavit, Affidavit of Military Service, and many other iterations) to attest to whether the defendant is subject to the protections of the SCRA. Many courts require that the Plaintiff take exhaustive efforts to provide this attestation).

Reservists, under certain circumstances, enjoy the same benefits of other military personnel under the Servicemembers Civil Relief Act. Further, upon return from active duty, the Servicemembers Civil Relief Act (“SCRA) may require that the employer restore the servicemember to a certain level of employment (see separate blog article on this topic).

As opposed to other personnel, however, protections begin for the reservist when s/he receives call-up orders. Therefore, there are two applicable dates to consider regarding reservists: the date of receipt of call-up orders (which date marks the beginning of protection) and the date that the reservist begins the period of military service (which has less significance when considering if a reservist is in active military service for SCRA purposes). The applicable date is reported by the Department of Defense Manpower Data Center (DMDC) at www.dmdc.osd.mil if you have the Social Security Number and with the SCRACVS at www.ServicemembersCivilReliefAct.com if you do not.

Although the Servicemembers Civil Relief Act (SCRA) is a fairly old federal statute, the way it applies to servicemembers continues to evolve. Not only that, but the statute is precipitously vague in some areas, posing danger to any business that deals with servicemembers, inasmuch as they may violate the act — intentionally or otherwise. Violations can…

Military affidavits are important documents for lenders and debt collectors to be aware of, as obtaining them could help money services firms remain complaint with the Servicemembers Civil Relief Act, but what are these affidavits and why, exactly, are they important?

A problem facing litigants, landlords, banks, servicers, and others is when you SCRA verification but no SSN is known. Before a court will allow you to enter a default judgment against an individual, the court will require you to submit an affidavit of military status assuring the court that you performed an active duty verification and have determined that the individual is not on active military duty.