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Suggest a Feature →SCRA: Your Civilian Legal Protections
General information, not legal advice. For legal issues, contact Trial Defense Service (TDS) or your Legal Assistance Office.
“SCRA is just for deployments. It doesn't help you with regular duty station stuff.”
The Servicemembers Civil Relief Act (SCRA) provides broad protections including: interest rate cap of 6% on pre-service debts, ability to terminate leases early due to PCS or deployment, protection from default judgments in civil court, and protection from eviction if rent is below a threshold.
The 6% Interest Rate Cap
If you had debts before entering active duty (credit cards, car loans, student loans, mortgages), you can request that the interest rate be reduced to 6% for the duration of your active duty service. The creditor must comply — it's federal law.
How To Request It
1. Send a written request to each creditor 2. Include a copy of your military orders 3. The creditor must reduce the rate within 30 days 4. The rate stays at 6% for the duration of your service (and in some cases, one year after)
Lease Termination
You can terminate a residential lease early, without penalty, if:
- You receive PCS orders to a location that doesn't allow commuting to the rental
- You receive deployment orders for 90+ days
- You enter active duty from civilian status
You can also terminate a vehicle lease early under similar conditions.
The Process
1. Provide written notice to the landlord 2. Include a copy of your military orders 3. The lease terminates 30 days after the next rent payment is due 4. You are not responsible for early termination fees
Protection from Default Judgments
If you're sued in civil court and can't appear because of military service, the court cannot enter a default judgment against you. The court must appoint an attorney to represent your interests if you can't appear.
Eviction Protection
If your rent is below a certain threshold (adjusted annually — currently around $4,200/month), your landlord cannot evict you during your military service without a court order. The court must consider whether your military service materially affects your ability to pay rent.
Other SCRA Protections
- Foreclosure protection: Lenders need a court order to foreclose during your service
- Tax protections: Some states cannot tax your military income if you're domiciled elsewhere
- Insurance reinstatement: If you let a life insurance policy lapse during service, you can reinstate it within 2 years of leaving service
- Cell phone contract termination: You can terminate cell phone contracts due to deployment or PCS
How To Invoke SCRA
For most SCRA protections, you need to provide your military orders to the relevant party (creditor, landlord, court). Your installation's Legal Assistance Office can help you draft the proper notices and ensure your rights are protected.
Common Mistake
Many service members don't invoke SCRA because they don't know about it. If you entered active duty with any pre-existing financial obligations, contact Legal Assistance to review your SCRA options. There is no cost for this service.
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Contact your installation's Trial Defense Service (TDS) for UCMJ matters, or Legal Assistance Office for general legal issues. These services are free for active duty service members.