SCRA Rights Attorney in Brewster, NY
Members of the United States military are protected by certain legal provisions as a way to recognize the service they provide to our country. The Servicemembers Civil Relief Act is one such law, which provides both financial and legal protection to active duty service members, reservists, and members of the National Guard as well as their families. Attorney Andres Gil of the Law Offices of Andres D. Gil, PLLC is a member of the United States Army Reserve and is committed to providing quality legal advice to fellow active duty members when they need it most. Contact the Law Offices of Andres D. Gil, PLLC today to learn how we can assist you.
What is the Service Members Civil Relief Act?
The SCRA provides active duty, reservists, and members of the National Guard and their families certain legal and financial protections while on active duty. It is extremely important to contact an attorney if you are having an issue exercising your rights under the SCRA. The SCRA makes certain rights available conditional upon whether your ability to meet certain obligations are “materially affected” by military service. Whether you are “materially affected” can mean different things in different situations. Be careful because it is possible to waive your rights under the SCRA. Often times, creditors will place an SCRA waiver into lease agreements and transactional documents. Generally, only written waivers signed during or after a service member’s period of service are effective. If you sign a waiver of your SCRA rights before you enter military service, the waiver should be invalidated. Contact us today for a free consultation.
Common SCRA Rights
The Servicemembers Civil Relief Act extends a number of protections to active duty service members and their immediate families. Some of these protections include the following:
- Interest rate reduction to 6 % for debts incurred before entering active duty
- Postponement of foreclosures
- Deferred income taxes
- Eviction prevention
- Protection against default judgments
- Postponed civil court matters
- Termination of residential lease agreements
- Termination of automobile leases
- Life insurance coverage protection
- Termination of phone services
Of course, there are limitations to the SCRA. A service member cannot simply get out of their residential or automobile lease just because they want to move or get a new car. For a residential lease, he or she must provide a copy of official military orders stating that they must PCS sooner than the lease expires. For an automobile lease, they must be able to provide evidence that they are leaving for deployment or training for at least 180 days or that they have to PCS to a location outside of the continental United States. This is also applicable in situations where the lease is valid OCONUS and the service member is moving back to the continental United States.
Contact an SCRA Rights Attorney
Knowing your rights under the SCRA is critical to be aware of as an active duty servicemember or spouse. If your rights have been violated or you signed an SCRA waiver, you need an attorney who has a deep understanding of the importance of this legislation. Attorney Andres D. Gil is an active duty Army Reservist with multiple deployments to combat zones under his belt. At the Law Offices of Andres D. Gil, PLLC, we understand how stressful it can be to PCS, prepare for deployment, and have to be away from loved ones because we have been there, too. When others give you a hard time about breaking a lease, issue a high interest rate, and violate the SCRA in other ways, you can count on us to stand up for your rights. Contact the Law Offices of Andres D. Gil, PLLC today to discuss your situation.