The Servicemembers Civil Relief Act (P.L. 108-189)
Abstract
Recognizing the special burdens that members of the military may encounter in trying to meet their financial obligations while serving their country, Congress passed the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA). This law has been amended from time to time, ordinarily in response to military operations that require the activation of the Reserves. P.L. 108-189, the "Servicemembers Civil Relief Act (SCRA)," was enacted on December 19,2003 and overhauls the SSCRA This report summarizes the rights granted to persons serving on active duty in the U.S. Armed Forces under the newly enacted SCRA. SCRA is a comprehensive rewrite of the SSCRA which clarifies language that has been subject to differing interpretations by courts, and modifies or expands certain benefits. The SCRA provides protections for servicemembers in the event that their military service impedes their ability to meet financial obligations incurred before their entry into active military service. The SCRA does not require forgiving any debts or the extinguishment of contractual obligations on behalf of servicemembers who have been called up for active duty, nor does it provide absolute immunity from civil lawsuits. Instead, it suspends claims against servicemembers and protects them from default judgments. The SCRA also protects military members and their families from eviction, protects against cancellation of life insurance policies or non-reinstatement of health insurance policies, allows some professionals to suspend malpractice or liability insurance while on active duty, and protects from taxation in multiple jurisdictions as well as forced property sales to pay overdue taxes.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 20, 2004
- Accession Number
- ADA435626
Entities
People
- Estela I. Velez Pollack
Organizations
- Defense Acquisition University