What are SCRA state laws?
The Servicemembers Civil Relief Act is a federal law protecting service members on active duty from certain court orders, default judgments, and judicial proceedings. The federal SCRA provides broad protections that cover situations such as eviction, foreclosure, court cases, loans, life insurance payments, interest rate caps, and more. In addition to those federal protections, many states have gone above and beyond the federal law, writing additional protections into law. Lenders, landlords, litigants, and attorneys should be aware of these additional SCRA state laws, local laws, and requirements. The following list contains a survey of each state’s SCRA laws, including state-specific protections that are not part of the federal SCRA. Bookmark it and save it as a reference for court cases involving servicemembers. This compilation is not exhaustive, and we encourage you to alert us to new statutes or amendments to the SCRA laws in your state.
What are SCRA state laws?
*Click the state where you wish to learn about its SCRA State Law.
Ala. Code §§ 35-10-70 to 35-10-71
If a service member dies while deployed overseas, the lender must wait at least 180 days before starting a foreclosure against the surviving spouse or the service member’s estate, provided that the surviving spouse or the estate notifies the lender and asks for a delay (and the mortgage was taken out after August 1, 2009)
Alaska Stat. § 26.05.135
Protections are extended to members of the Alaska National Guard and Alaska Naval Militia while on active duty for the state by order of the governor. In addition, if a servicemember is ordered to relocate for a period of military service lasting not less than 90 days, Alaska’s SCRA law allows servicemembers to terminate contracts for internet services, gym memberships, satellite radio services, or television services without facing early termination penalties.
Ariz. Rev. Stat. § 26-168
Employment protections are extended to members of the National Guard who are ordered to active duty, maneuvers, drills, camps, or formations by the governor in certain circumstances.
Ark. Code Ann. §§ 12-62-705, 12-62-713, 12-62-716
Relief Act protections are extended to National Guard members if service is for more than 180 days. A lender may not foreclose on the home of a military servicemember for nonpayment or any breach during military service without a court order, provided servicemembers meet certain conditions. Servicemembers or their dependants cannot be evicted if rent is less than $1,200/month. If notified of active duty by a service member, creditors must adjust the interest rate to 6% during the period of active duty.
Cal. Mil. & Vet. Code §§ 400 to 409.13
Relief Act protections are extended to members of the National Guard or reservists called or ordered into full-time active state service by the governor or into active federal service by the president.
Colo. Rev. Stat. §§ 28-3-1401 to 28-3-1407
Relief Act protections are extended to National Guard members on eviction and foreclosure matters when called to state military service, or called to state defense force active duty for over 30 days.
Conn. Gen. Stat. §§ 27-34(a), 27-102(a)
Relief Act protections are extended to National Guard members ordered into active state service. Active duty members may terminate any contract for telecommunication services, Internet services, television services, satellite radio services or membership at an athletic club or gym, at any time after the date such member receives military orders directing such member to a location, for a period of ninety days or more, that does not support any such contract. In addition, any resident of Connecticut on active (or within one year of the date of honorable discharge) with the armed forces of the United States shall be exempt from the payment of annual or biennial license or registration fees or occupational taxes.
Del. Code. Ann. tit. 6, §§ 2502 to 2513
Relief Act protections are extended to National Guard members ordered into active state service or into active federal service by the president for more than 30 days. Under the Act, default judgments against servicemembers in civil actions cannot be entered by the court until after the court appoints an attorney to represent the service member.
D.C. Code §§ 42-3405.03a, 50-1401.02
Relief Act protections incorporate federal SCRA provisions. In addition, nonresident service members are exempted from registering motor vehicles if the service member is compliant with his or her resident state registration and licensing laws. Note that the District of Columbia has a very unique SCRA affidavit which has the following preprinted certification: “AND, if this is an action for possession of real property, the premises are not occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a person in military service”. Extra caution should be exercised. Affidavits prepared by the SCRACVS strike this language, because the affiant usually has no information to support such a statement.
Fla. Stat. Ann. §§ 250.5201 to 250.5205
Service members with mortgage obligations entered into prior to being called to active duty (state or federal), cannot be foreclosed on by the lender during the time of active service if it is more than 17 days, or within 30 days thereafter, unless a court issues an order ahead of time allowing the foreclosure action to proceed. Servicemembers on active duty cannot be evicted if rent is less than $1,200/month.
Ga. Code Ann. §§ 46-5-8, 44-7-22, 40-5-37
The Official Code of Georgia grants civil relief protections to service members on active duty for a period of 90 days or longer in every branch of the United States armed forces, including the Georgia National Guard. Relief Act protections include: termination of wireless communications contracts, health club memberships, without penalty, evictions, and protection from license expiration (including professional licenses).
Haw. Rev. Stat. §§ 657D-1 to 657D-63
Relief Act protections are similar to the federal Servicemembers Civil Relief Act provided for members of the state military forces. This includes the right to postpone legal proceedings and a prohibition on nonjudicial foreclosures.
Idaho Code § 46-409
Relief Act protections are extended to members of the National Guard who are ordered to state active duty (other than for training) by the governor or federal duty ordered by the president of the United States in certain circumstances.
735 Ill. Comp. Stat. §§ 5/15-1501.5, 5/15-1501.6, 330 Ill.Comp.Stat. §60/5.1
In addition to the provisions of the federal SCRA, certain active duty service members (including members of the Illinois National Guard or any reserve component of the Armed Forces of the United States) may apply to the court for a 90-day stay of foreclosure proceedings. Or, in some cases, they may apply for a reduction in the monthly payments for up to 90 days. Illinois courts can postpone proceedings if state or federal military service directly results in failure to meet pre-service obligations. Good article by the Illinois Attorney General office found here.
Ind. Code §§ 10-16-7-23, 10-16-20-3 to 10-16-20-5
Civil Relief Act protections are extended to National Guard members ordered to state active duty, including full-time training, annual training, or federal duty by order of the President of the United States for 30 or more consecutive days. These protections include relief from contract penalties for telecommunication services, internet services, gym memberships, and satellite radio services, among others.
Iowa Code § 29A.103
If the servicemember entered into a mortgage to purchase real estate prior to military service, nonjudicial foreclosure is prohibited.
Kansas has no state law distinguishing the provisions of the federal SCRA. Under the doctrine of federal supremacy, the federal SCRA governs in Kansas.
Ky. Rev. Stat. Ann. § 38.510
Servicemembers Civil Relief Act protections are extended to state National Guard ordered to state active duty by the governor for a period of 30 days or more.
La. Rev. Stat. Ann. § 422
Federal Servicemember Civil Relief Act protections are adopted in full and extended to members of the state National Guard ordered to active duty by the governor in certain circumstances.
Me. Rev. Stat. Ann. tit. 37-B, §§389-A, 390-A
Active Duty members of the state National Guard and Army Reserves are entitled to the opportunity to stay (postpone) court proceedings during the period of active duty, including up to 60 days after the completion of active duty.
Md. Code Ann. [Pub. Safety] § 13-704
Servicemember Civil Relief Act protections are provided to members of the National Guard or Maryland Defense Force ordered to state military duty for a period of at least 14 consecutive days.
Mass.Gen.Laws.ch. 33, §13A
Federal Servicemember Civil Relief Act protections are adopted in part and extended to members of the state National Guard. Those federal protections not adopted, include protections related to life insurance reimbursement.
Mich. Comp. Laws § 600.3285
Michigan law provides special protections against foreclosure to certain military servicemembers. These include members of the Michigan National Guard. If a servicemember entered into the mortgage before becoming a service member, or the mortgagor is deployed in overseas service, the lender cannot obtain a non-judicial foreclosure during the servicemember’s period of military service (or within 6 months thereafter), unless a court orders the sale or foreclosure.
Minn. Stat. § 190.055
Federal servicemember Civil Relief Act protections are extended to members of the state National Guard called to state active service.
Mississippi has no state law distinguishing the provisions of the federal SCRA. Under the doctrine of federal supremacy, the federal SCRA governs in Mississippi.
Missouri has no state law distinguishing the provisions of the federal SCRA. Under the doctrine of federal supremacy, the federal SCRA governs in Missouri.
Mont. Code Ann. §§ 10-1-902 & 10-1-903
A Montana court may stay civil proceedings related to a servicemember’s nonpayment of a mortgage or residential lease for up to 90 days for their primary residence or adjust the payment amount due. This provision is applicable to any member of the Montana Army or Air National Guard serving on active duty at least 14 consecutive days of full-time state active duty ordered by the governor or full-time National Guard duty.
Neb. Rev. Stat. § 55-702
Federal Servicemember Civil Relief Act protections are adopted in full and extended to members of the state National Guard ordered to active duty by the governor in certain circumstances. In addition, a service member who receives orders to relocate for a periof of service of at least 90 days may terminate a telecommunications, internet, television, gym membership, or satellite radio service contract or lease without penalty. A service member may also terminate a residential lease if the servicemember is required to move into government-owned or leased housing.
Nev. Rev. Stat. §§ 40.439
In 2017, the Nevada legislature passed a bill adopting the provisions of the federal SCRA. The bill also extended those protections to active-duty members of the Nevada National Guard. Among the additional protections offered in Nevada is the ability of a servicemember to stay foreclosure proceedings for a period of up to one year following the return of the service member from active duty.
N.H. Rev. Stat. § 110-C:2
Federal Servicemembers Civil Relief Act protections are extended to members of the state guard, national guard or militia called to active duty by the governor for a period of 30 days or more.
N.J. Stat. Ann. §§ 38:23C-1 to 38:23C-26
New Jersey law provides protections similar to the federal Servicemembers Civil Relief Act. For example, a servicemember can potentially stay (postpone) court proceedings, and the court will not include the period of military service in the redemption period. The law applies to servicemembers on federal active duty or in state military service pursuant to the governor’s orders.
N.M. Stat. Ann. § 20-4-7.1
Protections are extended to members of the National Guard ordered to state active duty for 30 or more consecutive state duty days or to any federally funded duty performed in an operational role for homeland security.
N.Y. Mil. Law §§ 301 to N.Y. Mil. Law 328
Like the federal law, New York law applies to a service member on federal active duty or state duty pursuant to an order of the governor or the President of the United States. Among other provisions, New York law provides that a servicemember may obtain a court order for a stay of proceedings (postponement) in a foreclosure action under certain circumstances. See Tivoli v. Foskey
N.C. Gen. Stat. §§ 45-21.12A, 45-21.16
North Carolina law extends SCRA protections to members of its National Guard who are called to active duty by the President of the United States or the Secretary of Defense for a periof of at least 30 days. Among the protections afforded to active duty services members include the prohibition of nonjudicial foreclosures during or within 90 days after a borrower’s period of military service. However, this applies only if the mortgage or deed of trust originated before the period of military service.
N.D. Cent. Code § 37-01-43
North Dakota law fully adopts the provisions of the federal SCRA for members of the North Dakota National Guard who are called to active duty for at least 30 consecutive days.
Ohio Rev. Code Ann. §§ 5919.29, 5923.12
Federal SCRA protections are extended to members of the Ohio National Guard who are ordered by the governor into active duty or training.
Okla. Stat. tit. 44, § 208.1
Federal SCRA protections are extended to members of the Oklahoma National Guard when ordered to state active duty or full-time National Guard duty.
Or. Rev. Stat. §§ 408.440, 646.605, 646.608(LLL)
In addition to the protections afforded by the federal SCRA, Oregon law prohibits lenders from initiating lawsuits to foreclose on a mortgage if the land covered by the mortgage is owned by a servicemember called into active service.
Pa. Cons. Stat. Ann. tit. 51, § 4105
Federal SCRA protections are extended to Pennsylvania National Guard members on active state service. Civil process shall not be issued or enforfced against any active-duty servicemember until 30 days after said servicemembers return from active duty.
R.I. Gen. Laws § 30-7-10
Federal SCRA protections are extended to members of the National Guard who are on state active duty for a continuous period over 90 days. These protections include a prohibition on any interest rate over 6%, eviction protection, a continuation of life insurance policies, and a stay on civil proceedings.
S.C. Code Ann. §§ 25-1-4010 to 25-1-4080
In 2019, the South Carolina legislature passed the South Carolina Servicemembers Civil Relief Act. The Act provided expanded benefits to South Carolina service members, including those members of the army, navy, air force, marine corps, coast guard, and members of the South Carolina National Guard who are called upon for active duty for a period of more than 30 days by the Governor of the State of South Carolina, President of the United States or Secretary of Defense. In addition to adopting the protections afforded by the federal SCRA, the South Carolina SCRA extends those protections to include relief from penalties for the cancellation of memberships and contracts pertaining to satellite radio services, telecommunications, internet services, gym memberships, and cable television subscriptions.
S.D. Cod. Laws Ann. § 33A-2-9
Federal SCRA protections are extended to members of the South Dakota National Guard who are ordered to active duty service by the Governor of the State of South Dakota or the President of the United States.
Tenn. Code Ann. § 26-1-111
If a member of a reserve unit or of the Tennessee National Guard entered into a mortgage or deed of trust to purchase a home, and is subsequently called to active military service outside the U.S. during hostilities, the lender cannot foreclose until 90 days after the service member returns to the state.
Tex. Civ. Prac. & Rem. Code § 16.022
In addition to the provisions of the federal SCRA, Texas law tolls the statutes of limitation for those under a “legal disability” who are entitled to sue for the recovery of real property or entitled to make a defense based on the title to real property. (The definition of “legal disability” includes those serving in the armed forces during wartime.) Good article on JDSupra.com by Kilpatrick Townsend regarding Texas SCRA employment protections to be found here.
Utah Code Ann. §§ 39-7-102, 39-7-115
In Utah, federal SCRA protections are extended to National Guard members serving full-time with a recognized military unit called into service by the governor for at least 30 days.
Vt. Stat. Ann. tit. 12, § 553
Vermont law tolls the statutes of limitation for those who are in the military or naval service of the U.S. or Vermont National Guard who are ordered to state active duty, and at the time of entering such service or duty, had a cause of action against another person, or another person had a cause of action against them. The statute of limitations is tolled for the duration of active duty, plus an additional 60 days.
Va. Code Ann. § 44-102.1
Federal SCRA protections are extended to Virginia National Guard members who are called to federal active duty or state active duty by the Governor of the Commonwealth of Virginia for 30 or more consecutive days. In addition to federal SCRA protections, Virginia law requires employers to ensure that the active-duty member has the option of continuing health care coverage, life insurance, or long-term care insurance during the period of active duty. Good article from InsideNOVA to be found here.
Wash. Rev. Code §§ 38.42.010 to 38.42.904
Federal SCRA protections are extended to members of the Washington National Guard or members of a military reserve component. These protections include staying fines and penalties for failing to comply with contractual obligations, honoring a service member’s request to restructure a business loan interest rate, protection against the entry of a default judgment against a service member.
W. Va. Code Ann. §15-1F-11
West Virginia law incorporates the protections contained in the federal SCRA. In addition, West Virginia extends those protections to members of the West Virginia National Guard who are called to state active duty by the Governor of West Virginia for a period of thirty days or more.
Wis. Stat. § 321.62
Wisconsin law extends protections against foreclosure to members of the Wisconsin National Guard and state defense force who are ordered into state active duty for 30 days or more. Foreclosure sales cannot occur during or within 90 days after the servicemember’s period of state active duty unless pursuant to a court order approving of such action was entered before the servicemember went on active duty and after the foreclosure, sale, or seizure occurs.
Wyo. Stat. Ann. § 19-11-122
Federal SCRA protections are extended to members of the Wyoming National Guard who are ordered to active state service by the state or federal government for a period of more than 30 consecutive days.