Anyone working in an industry that does business with military members should understand the Servicemembers Civil Relief Act (SCRA). The federal law exists to protect service members from certain legal actions while on active duty. Its intent is to allow them to focus on the job at hand without having to worry about personal business back home. But which branches in particular are covered by the SCRA?
Who is Covered by SCRA?
It’s important to understand that the SCRA covers all military personnel who are on active duty. This includes the Army, Navy, Air Force, Marines, Coast and National Guard when called to active duty by the president. It also covers National Oceanic and Atmospheric Administration and Public Health Service workers when on active duty.
Dependents of servicemembers are eligible for some of the benefits as well. But, they usually have to apply to a court for those protections. Dependents include a spouse, child or individual for whom the member provided more than half the support in the last 180 days.
Code generally defines a child as an unmarried person under age 18. However, the law also covers students up to age 23 and those who became incapable of self-support before turning 18. The child counts as a dependent regardless of whether they are birth children, adopted or stepchildren.
Some SCRA protections extend for a period of time AFTER active military duty ends. These include requests for the 6 percent interest rate cap and foreclosure proceedings.
Active duty has a fairly long and complicated definition, but you don’t need to determine what active duty is, you just need to know whether your clients or tenants are on it. The best way to get this done is by relying on a trusted source for military status verification.
SCRA Attorneys in Raleigh, N.C.
If you have questions about the branches covered by the SCRA, contact Maginnis Howard attorney Karl Gwaltney. He has experience handling SCRA-related cases. You can contact Mr. Gwaltney by phone at (919) 526-0450 or by info@carolionalaw.com, or through our contact page.
