Servicemember Protections (SCRA)

The short version

The Servicemembers Civil Relief Act (SCRA) protects active-duty servicemembers, reservists, and National Guard members when called to active duty. It helps you manage financial and legal obligations while serving our country. This law provides certain rights to postpone or suspend civil court proceedings and reduce interest rates on some debts. These protections are designed to prevent you from being unfairly disadvantaged because of your military service.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

50 U.S.C. § 3901(a)
This section states that the purpose of the SCRA is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.
Why it matters: This means the law's main goal is to protect you from legal and financial harm while you are serving in the military.
50 U.S.C. § 3901(b)
This subsection clarifies that the SCRA applies to active-duty members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. It also includes members of the National Guard and Reserves when they are called to active duty for more than 30 consecutive days.
Why it matters: This tells you who is covered by the SCRA protections.

Words you need to know

Servicemember: Under SCRA, this includes active-duty members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. It also covers National Guard and Reserve members on active duty for 30 days or more.
Active Duty: This refers to full-time military service. For SCRA purposes, it also includes periods when National Guard and Reserve members are called to active federal service for more than 30 consecutive days.
Civil Action: This means a lawsuit or other legal proceeding that is not a criminal case. SCRA can protect you from civil actions like evictions, foreclosures, and debt collection lawsuits.
Stay of Proceedings: This is a temporary halt or postponement of a legal case. The SCRA allows courts to pause a civil action for at least 90 days if your military service prevents you from participating.
Maximum Interest Rate: The SCRA generally limits the interest rate on debts incurred before active duty to 6% per year during your service. This applies to debts like mortgages, car loans, and credit card debt.
Non-Judicial Foreclosure: This is a type of home foreclosure that happens without a court order. The SCRA often requires a court order for foreclosures to proceed against servicemembers.

Your rights

✓You have the right to a stay (postponement) of civil court proceedings for at least 90 days if your military service makes it hard to appear.
✓Your interest rate on certain debts taken out before active duty can be reduced to 6% during your service.
✓You can terminate a lease on a rental property or car if you receive military orders to deploy or transfer.
✓Your landlord generally cannot evict you without a court order if your rent is below a certain amount (which changes annually).
✓Lenders generally cannot foreclose on your home without a court order while you are on active duty and for a period afterward.
✓You are protected against default judgments in civil cases if you are unable to appear in court due to military service.

How the process actually works

1
Become an Eligible Servicemember
When you begin your active duty service period.
You must be on active duty, or a reservist/National Guard member called to active duty for more than 30 consecutive days, to qualify for SCRA protections.
2
Identify a Financial/Legal Issue
When an issue arises during or after your active duty service.
This could be a credit card bill, a mortgage, a lease, or a court summons that was put in place before you started active duty.
3
Notify the Creditor/Court
As soon as possible after the issue arises, or when seeking a specific protection (e.g., within 180 days after active duty for mortgage foreclosure protection).
You or your legal representative must inform the creditor, lender, or court in writing that you are an active-duty servicemember and request SCRA protections. For interest rate reductions, you must provide a copy of your military orders.
4
Provide Documentation
When you request the protection.
You will need to provide proof of your military service, such as your military orders, a letter from your commanding officer, or a service verification letter.
5
Receive Protection
After your request is processed and approved.
Once your eligibility is verified, the creditor or court must apply the SCRA protection, such as reducing your interest rate, postponing a court case, or allowing you to break a lease.

Deadlines that can end your case

Mortgage Foreclosure Protection
1 year after the end of your military service
A lender generally cannot foreclose on your home without a court order during your active duty and for 1 year afterward if you incurred the mortgage before service. Missing this window means you lose this specific protection.
Lease Termination (Residential)
Within 30 days after delivering notice
Your lease terminates 30 days after the next rental payment is due once you give proper notice and a copy of your orders for deployment or permanent change of station (PCS). If you don't give proper notice, you might still be responsible for rent.
Interest Rate Reduction (6%)
During the period of military service
You must request the reduction and provide military orders while you are on active duty. Interest above 6% must be forgiven, not just postponed. Failing to notify a creditor means the rate will likely not be reduced.

Costly mistakes

✕Not knowing you are covered by SCRA and missing out on protections.
✕Failing to notify creditors or courts in writing about your active-duty status.
✕Not providing proper documentation, like military orders, to support your request.
✕Waiting too long to ask for protection, especially for things with specific deadlines.
✕Thinking SCRA automatically applies without you taking action.
✕Confusing SCRA with state-level protections, which may be different.

Your checklist

Confirm your eligibility as a servicemember under SCRA.
Gather official military orders or a letter from your commanding officer.
Identify debts or legal actions that began before your active duty.
Contact creditors, landlords, or the court in writing to request SCRA protections.
Clearly state that you are requesting protections under the Servicemembers Civil Relief Act.
Keep copies of all correspondence and documents you send and receive.
Follow up to ensure your request has been processed.

Common questions

Who is covered by the SCRA?

The SCRA covers active-duty members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. It also covers National Guard members and reservists called to active duty for more than 30 consecutive days. (50 U.S.C. § 3901(b))

Does the SCRA cover debts I took out after I went on active duty?

Generally, no. Most SCRA financial protections, like the 6% interest rate cap, apply to debts or obligations that were incurred *before* your period of active duty. Debts taken out during active duty are usually not covered.

How do I get my interest rate reduced to 6%?

You must provide written notice and a copy of your military orders to your creditor. The creditor must then reduce your interest rate on pre-service obligations to 6% for the period of your active duty. Any interest above 6% must be forgiven. (50 U.S.C. § 3937)

Can I break my apartment lease under SCRA?

Yes, if you entered the lease before active duty and then receive military orders for a permanent change of station (PCS) or to deploy for at least 90 days. You must provide written notice to your landlord along with a copy of your orders. The lease will terminate 30 days after the next rent payment is due. (50 U.S.C. § 3955)

What happens if a creditor doesn't follow the SCRA?

If a creditor fails to honor your SCRA rights, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Department of Justice. You may also be able to pursue legal action yourself.

How this changes by state

While the SCRA is a federal law that applies nationwide, some states have their own laws that offer additional protections for servicemembers. These state laws might cover situations not addressed by the SCRA, extend protections to a broader group, or offer stronger relief. For example, a state might have longer periods of protection for mortgage foreclosures or apply protections to different types of debt. To find your state's specific rules, you should contact your state's attorney general's office, a legal aid organization specializing in military law, or a local bar association.

When you need a lawyer

You should consider getting a lawyer if a creditor or court refuses to honor your SCRA rights, if you are facing foreclosure or eviction while on active duty, or if you receive a default judgment against you. A lawyer can help you understand complex legal documents, represent you in court, and ensure your rights are fully protected under the SCRA.

Do this today

→Verify your active duty dates and print copies of your military orders.
→Review your financial obligations (loans, leases, credit cards) that existed before you went on active duty.
→If you identify an issue, prepare a written request to your creditor or landlord, citing the SCRA.
→Contact your installation's Legal Assistance Office for free legal advice and help with SCRA matters.

This lesson is legal information for educational purposes only, based on 50 U.S.C. § 3901 (SCRA). It is not legal advice and does not create an attorney-client relationship.