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What is the Servicemember Civil Relief Act (SCRA)?

April 26, 2017ACT Civil relief SCRA servicemember

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What is the Servicemember Civil Relief Act (SCRA)?

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The Servicemember Civil Relief Act (SCRA) is a federal law that provides a variety of protections to active military personnel. An overview of SCRA can be found at www.military.com/benefits/legal-matters/scra/overview. In terms of legal actions, if you are a party in a civil case (not a criminal case), your commander can ask the judge or magistrate to stay or temporarily delay the proceedings until you can appear. Generally, your commander will have to show that military duty is keeping you from going to court and that your options would be materially affected if you do not participate. A “stay” of civil proceedings is not automatic just because of your active duty in the military. This is a tricky legal area – it is recommended that you have your civilian lawyer contact a Military Legal Assistance Attorney to discuss the best way to proceed in your case.