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The Servicemembers Civil Relief Act (SCRA) provides powerful legal protections to active-duty military members. If a lender violated your SCRA rights, you can sue for substantial compensation.
SCRA Recovery Ranges
Military members have recovered significant amounts for SCRA violations.
- Vehicle repossession$10,000 - $50,000+
- Foreclosure violation$25,000 - $100,000+
- Interest rate violation$5,000 - $25,000+
- Attorney fees & costsPaid by the lender
- Punitive damagesCase dependent
What is the Servicemembers Civil Relief Act?
The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers’ and Sailors’ Civil Relief Act, is a federal law that provides legal protections to military personnel while they are on active duty. The law recognizes that military service can make it difficult for service members to meet financial obligations and participate in civil legal proceedings.
The SCRA covers a wide range of protections including interest rate caps, protection from eviction and foreclosure, protection from repossession, the right to terminate leases, and stays of civil proceedings. Violations of the SCRA carry both civil and criminal penalties.
Major banks and lenders have paid hundreds of millions of dollars in settlements for SCRA violations, including JPMorgan Chase ($56M), Capital One ($12M), and Santander ($9.35M).
Who Qualifies for SCRA Protection?
The SCRA applies to the following service members and their dependents.
Active Duty Military
All branches: Army, Navy, Air Force, Marines, Coast Guard, Space Force
National Guard
When activated under federal orders (Title 10)
Reservists
When called to active duty for more than 30 consecutive days
Dependents
Spouses and dependents of active-duty service members may also qualify
SCRA Protections
Key protections provided by the Servicemembers Civil Relief Act.
6% Interest Rate Cap
Interest rates on pre-service debts (including auto loans, credit cards, and mortgages) must be reduced to 6% during active duty.
Repossession Protection
Your vehicle cannot be repossessed without a court order while you are on active duty or within 90 days after.
Foreclosure Protection
Lenders cannot foreclose on your home without a court order during service and up to one year after.
Default Judgment Protection
Courts must appoint an attorney if you cannot appear due to military service. Default judgments can be set aside.
Lease Termination Rights
You can terminate residential and vehicle leases early when receiving PCS orders or deployment orders.
Stay of Proceedings
You can request a stay (postponement) of any civil court proceedings while on active duty.
Common SCRA Violations
If any of these happened to you during active duty, you may have a case.
Vehicle Repossessed During Active Duty
Lenders that repossess a service member's vehicle without a court order violate the SCRA.
Interest Rate Not Reduced to 6%
If you requested the 6% rate cap and your lender refused or failed to apply it, you have a claim.
Foreclosure Without Court Order
Mortgage servicers that foreclose without obtaining a court order during active duty violate the SCRA.
Lease Termination Denied
Landlords and auto dealers that refuse to honor SCRA lease termination rights are liable.
Default Judgment Entered
If a default judgment was entered against you during service without the court appointing an attorney.
Denial of Stay of Proceedings
Courts that deny your request for a stay without good cause may have violated the SCRA.
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