SCRA State Laws Guide
The Servicemembers Civil Relief Act sets a consistent federal framework supporting service members during active duty. It applies across all branches and generally takes effect on the first day of active duty, remaining in place throughout service.
Protections include an interest rate cap, eviction safeguards requiring a court order, lease termination rights, and the ability to postpone judicial proceedings, including protection from default judgments when a service member cannot appear.
The law also ensures service members are taxed only by their home state, even when stationed elsewhere, and may allow courts to delay certain actions for up to 180 days after service.
Yet, the story does not end at the federal level. Many states have introduced their own SCRA laws, sometimes extending protections such as interest rate limits to additional obligations.
This guide outlines federal protections and state variations, including rules affecting spouses, licensing, and compliance requirements for lenders, landlords, litigants, and attorneys.
Contents
- 1 What is the Servicemembers Civil Relief Act (SCRA)?
- 2 Who is Covered Under SCRA?
- 3 SCRA Protections by Category
- 4 SCRA Laws by State
- 5 FAQs
- 5.1 What are the SCRA laws by state?
- 5.2 When do SCRA protections begin and end?
- 5.3 What is the difference between the Military Lending Act and SCRA?
- 5.4 Does SCRA cover state active duty?
- 5.5 What is the state of legal residence for SCRA?
- 5.6 What protections exist under the SCRA?
- 5.7 What is the difference between SCRA coverage across states, and are some states more protective than others?
- 5.8 Why is it important to review state-specific SCRA laws?
What is the Servicemembers Civil Relief Act (SCRA)?
The Servicemembers Civil Relief Act is a federal law established under the United States Code to address the legal and financial impact of service for active duty members of the armed forces. It applies to service members who have entered active duty or begun active duty service, including those in the Army, Air Force, Marine Corps, Coast Guard, Navy, and certain members of the National Guard on federal active duty orders.
From a compliance standpoint, the SCRA focuses on civil obligations that may be materially affected during a period of military service. This includes financial commitments such as credit card debt, auto loans, vehicle loans, and other installment loans, along with protections related to civil court proceedings. Many provisions require a valid court order before enforcement actions in judicial proceedings.
Although the law’s protections apply nationwide, scra laws may expand these protections in certain circumstances, depending on local statutes and individual circumstances.
Who is Covered Under SCRA?
Coverage under the Servicemembers Civil Relief Act depends on the type of active duty service and qualifying orders. The following groups are generally included:
- Active duty service members across all branches, including the Air Force, Marine Corps, and Coast Guard
- Reserve members serving under federal active duty orders
- National Guard members on federal active duty for qualifying periods
- Commissioned officers in the public health service and the National Oceanic and Atmospheric Administration
- Family members in certain circumstances where financial obligations or civil obligations are directly affected
Coverage typically begins when a military servicemember enters active duty or begins active duty service and continues through the period of military service. Most protections end at discharge, although some scra benefits, such as mortgage-related protections, may extend beyond that point. In situations where eligibility or active duty status is unclear, parties may need to verify military status before taking action.
SCRA Protections by Category
The Servicemembers Civil Relief Act organizes its protections into key areas that address common financial obligations and civil obligations during active duty military service.
- Interest rate protection: The SCRA places a six percent interest rate cap on certain pre-service financial obligations, including credit card debt, personal loans, auto loans, and other installment loans, when active duty service materially affects repayment.
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Foreclosure safeguards: Lenders must obtain a valid court order before proceeding against qualifying property, helping protect financial commitments tied to housing during a period of military service.
- Repossession requirements: Creditors cannot repossess vehicles or financed property without approval from a civil court when the obligation began before active-duty military service.
- Lease termination rights: Service members may exit a residential lease or motor vehicle leases with written notice in certain circumstances, such as deployment or permanent change of station military orders.
SCRA Laws by State
| STATE | CITATION | Special State Provisions |
| Ala. Code §§ 35-10-70 to 35-10-71 | If a service member dies while deployed overseas on active duty, the lender cannot initiate foreclosure against the surviving spouse or estate for at least 180 days after death (mortgage after Aug. 1, 2009), if written notice with request for delay is provided; violation incurs a $2,000 fine. | |
| Alaska Stat. § 26.05.135 | Extends SCRA protections to Alaska National Guard and Naval Militia on governor-ordered state active duty; allows termination of internet, gym, satellite radio, and TV contracts without penalty for 90+ day military relocations to a location that does not support the contract. | |
| Ariz. Rev. Stat. § 26-168 | Employment protections for National Guard on governor-ordered active duty, maneuvers, drills, etc. | |
| Ark. Code Ann. §§ 12-62-714, 12-62-713, 12-62-716 | For National Guard service >180 days: court order required for foreclosure; no eviction if rent <$1,200/month; creditors must cap interest at 6% if notified of active duty. | |
| Cal. Mil. & Vet. Code §§ 400 to 409.13 | Extends SCRA to National Guard/reservists on full-time state active service (governor) or federal active service (president). | |
| Colo. Rev. Stat. §§ 28-3-1401 to 28-3-1407 | SCRA protections on eviction/foreclosure for National Guard on state military service or state defense force active duty >30 days. | |
| Conn. Gen. Stat. §§ 27-34(a), 27-102(a) | SCRA for National Guard on active state service; termination of telecom/internet/TV/gym/satellite radio contracts for 90+ day moves; fee exemptions for CT residents on active duty or recent honorable discharge. | |
| Del. Code Ann. tit. 6, §§ 2502 to 2513 | SCRA for National Guard on state active service or federal >30 days; courts appoint an attorney before default judgments (federal standard). | |
| 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. | |
| Florida | Fla. Stat. Ann. §§ 250.5201 to 250.5205 | No foreclosure on pre-active duty mortgages during service (>17 days governor-ordered state active duty) or 30 days after without court order; federal active duty separately covered by federal SCRA.
No eviction if rent is less than $1,200/month. |
| Georgia | Ga. Code Ann. §§ 46-5-8, 44-7-22, 40-5-37 | SCRA-like protections for active duty ≥90 days (incl. GA National Guard): terminate wireless/health club contracts penalty-free; eviction/license protections. |
| Haw. Rev. Stat. §§ 657D-1 to 657D-63 | Mirrors federal SCRA for state military forces: postpone proceedings, prohibit nonjudicial foreclosures. | |
| Idaho Code § 46-409 | SCRA for National Guard on state active duty (non-training) by the governor or federal by the president. | |
| 735 Ill. Comp. Stat. §§ 5/15-1501.5, 5/15-1501.6; 330 Ill. Comp. Stat. §60/5.1 | 90-day foreclosure stay for mortgagors deployed to combat or combat support postings overseas within the previous 12 months; courts may also reduce payments or postpone proceedings for those currently in military service if service causes default. | |
| Ind. Code §§ 10-16-7-23, 10-16-20-3 to -5 | SCRA for National Guard on state active duty (incl. training) or federal ≥30 days: relief from telecom/internet/gym/satellite penalties. | |
| Iowa Code § 29A.103 | If the servicemember entered into a mortgage to purchase real estate prior to military service, nonjudicial foreclosure is prohibited. | |
| None | No state law; federal SCRA governs.. | |
| Ky. Rev. Stat. Ann. § 38.510 | SCRA for state National Guard on governor-ordered state active duty ≥30 days. | |
| La. Rev. Stat. Ann. § 422 | Adopts SCRA and USERRA fully; extends to state National Guard on state active duty and full-time National Guard duty. | |
| Me. Rev. Stat. Ann. tit. 37-B, §§389-A, 390-A | Stay court proceedings for state National Guard/Army Reserves on active duty, up to 60 days post-duty. | |
| Maryland | Md. Code Ann. [Pub. Safety] § 13-704 | SCRA for National Guard/MD Defense Force on state duty ≥14 days. |
| Mass. Gen. Laws ch. 33, §13A | Adopts most federal SCRA; extends to state National Guard (excl. life insurance reimbursement). | |
| Mich. Comp. Laws § 600.3285 | No non-judicial foreclosure on pre-service or overseas-deployed mortgages during service +6 months without court order (incl. MI National Guard members federally activated under 32 USC 502(f) for 30+ consecutive days). | |
| Minn. Stat. § 190.055 | Federal SCRA protections extended to state National Guard on state active service. | |
| None | No state law; federal SCRA governs. | |
| None | No state law; federal SCRA governs. | |
| Mont. Code Ann. §§ 10-1-902 & 10-1-903 | Courts may stay mortgage/lease proceedings up to 90 days or adjust payments for Montana Army or Air National Guard on active duty ≥14 days. | |
| Neb. Rev. Stat. § 55-702 | Adopts federal SCRA fully; extends to state National Guard; terminates contracts/leases for 90+ day moves. | |
| 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. | |
| New York | 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. |
| 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. | |
| Texas | 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.) |
| 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. | |
| 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. |
FAQs
What are the SCRA laws by state?
SCRA laws by state refer to state-level statutes that expand upon the federal Servicemembers Civil Relief Act. These laws may provide additional protections in certain circumstances, including broader coverage for National Guard members or extended financial relief.
When do SCRA protections begin and end?
SCRA protections generally begin when a service member enters active duty and remain in effect throughout the period of military service. Certain protections may continue after discharge depending on the type of obligation.
What is the difference between the Military Lending Act and SCRA?
The Servicemembers Civil Relief Act and the Military Lending Act address different stages of a service member’s financial obligations. SCRA applies to obligations that were established before active duty military service and focuses on relief, such as interest rate limits and protections in civil court. The Military Lending Act applies to certain credit products issued during active duty and regulates lending terms, including caps on interest rates and fees. While both laws support service members, they operate in separate contexts and are not interchangeable.
Does SCRA cover state active duty?
Coverage depends on the type of orders. SCRA generally applies to federal active duty service, including qualifying orders for National Guard members. State active duty ordered by a governor may not fall under federal SCRA in all cases. However, many scra laws extend similar protections to National Guard members serving under state authority, depending on local statutes and certain circumstances.
What is the state of legal residence for SCRA?
Under SCRA, a service member retains their original state of legal residence for purposes such as income tax, even when stationed in another location due to military operations or permanent change orders. This means active duty service does not automatically change residency status. The determination of residence is based on intent and prior established ties, rather than temporary duty assignments.
What protections exist under the SCRA?
SCRA protections focus on reducing the impact of military service on civil obligations and financial commitments. These include limits on interest rates for qualifying debts such as credit card debt, auto loans, and personal loans, as well as protections related to eviction, lease termination, and civil court proceedings. In many situations, creditors must obtain a valid court order before enforcing certain actions. The law’s protections apply when military service materially affected the service member’s ability to meet obligations.
What is the difference between SCRA coverage across states, and are some states more protective than others?
Federal SCRA provides a consistent baseline across all states. However, state laws may expand on that baseline by offering additional protections in certain circumstances. Some states extend benefits to National Guard members on state active duty, while others provide broader rules for contract termination or financial relief. The level of protection varies based on state statutes, which is why reviewing both federal law and state-specific provisions is important for understanding applicable coverage.
Why is it important to review state-specific SCRA laws?
State laws may offer additional protections beyond federal law. Lenders, landlords, and legal professionals often review both federal and state requirements to understand applicable obligations.
