The Servicemembers Civil Relief Act of 1940 (SCRA) is a federal law that provides extra protections for servicemembers when legal or financial transactions adversely affect their rights during military or uniformed service. These protections are designed to allow servicemembers to devote their full time and energy to defending the United States of America.
The SCRA is located in the United States Code at 50 U.S.C. §§ 3901-4043 and applies to the following servicemembers:
•Active-duty members of the Army, Marine Corps, Navy, Air Force, and Coast Guard;
•Members of the Reserve component when serving on active duty;
•Members of the National Guard component mobilized under federal orders for more than 30 consecutive days; or
•Active duty commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration.
SCRA rights may be exercised by anyone holding a valid power of attorney for the servicemember. Some SCRA protections also apply to dependents.
According to the U.S. Department of Justice, these are five protections that servicemembers often ask about:
•Reducing the interest rate on any pre-service loans to a maximum of 6 percent
•Protections against default judgments in civil cases
•Protections against foreclosure on their home
•Protections again repossession of their property
•Termination of residential housing and automobile leases without penalty
In Texas, as in all states, the Servicemembers Civil Relief Act (SCRA) of 1940 provides federal protections to eligible servicemembers to ensure that their legal and financial obligations do not adversely affect their service to the nation. The SCRA covers active-duty members of all military branches, reservists on active duty, National Guard members mobilized for over 30 days, and commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration. Protections under the SCRA include capping interest rates on pre-service loans at 6%, safeguarding against default judgments and foreclosures, preventing property repossession, and allowing for the termination of residential and automobile leases without penalty. These rights can also be exercised by individuals with a valid power of attorney for the servicemember, and certain protections extend to servicemembers' dependents. While the SCRA is a federal law, Texas state courts and agencies are required to comply with its provisions when dealing with eligible servicemembers.
