Soldiers' and Sailors' Civil Relief Act of 1940
Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940
(SSCRA), you may qualify for any or all of the following:
- Reduced interest rate on mortgage payments.
- Reduced interest rate on credit card debt.
- Protection from eviction if your rent is $1,200 or less
- Delay of all civil court actions, such as bankruptcy, foreclosure, or divorce proceedings.
The SSCRA covers all Active Duty service members. Reservists and the members of the National Guard are also protected under the SSCRA while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.
- Eviction Protection - In cases of eviction from dwelling quarters, courts may grant a stay of up to three months or enter any other "order as may be just" if military service materially affects the service member's ability to pay the rent. This provision is not intended to allow military members to avoid paying rent but rather to protect families when they cannot pay the rent because military service has affected their ability to do so.
- Delay of Civil Proceedings - Another significant protection under the act relates to civil proceedings. Service members involved in civil litigation can request a delay in proceedings if they can show their military responsibilities preclude their proper representation in court. This provision is most often invoked by service members who are on an extended deployment or stationed overseas. A service member should contact the unit or installation legal office immediately if they receive notice of court proceedings against them.
- State Taxes - If your home state taxes military pay, you will have to pay those taxes. If you get assigned to another state, you will still legally be a "domiciliary" of your home state. The state to which the military assigns you cannot tax your military pay. If you moonlight, they can tax that pay - just your military pay is exempt.
- Health Insurance - A person called to active duty is entitled to reinstatement of any health insurance that was in effect on the day before such service commenced, and was terminated effective on a date during the period of such service.