What is the Servicemembers’ Civil Relief Act in New York?

servicemembers' civil relief act new york

Active duty members receive training and equipment to overcome numerous challenges in the course of carrying out their mission. Thankfully, when it comes to challenges that they and their families face in their private lives, they also have laws to protect their legal rights and financial well-being. Perhaps the most important protection is the Servicemembers’ Civil Relief Act which provides rights and protections to active duty and recently separated members of the military and their families in a host of matters in New York and across the country. For more information about the Servicemembers’ Civil Relief Act in New York, please continue reading, then contact an experienced Putnam County SCRA rights attorney today.

Who does the Servicemembers’ Civil Relief Act protect?

The Servicemembers’ Civil Relief Act 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 thirty days
  • Active duty commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration

What protections does the Servicemembers’ Civil Relief Act afford?

Among the host of civil protections afforded by the Servicemembers’ Civil Relief Act, eligible members receive the following benefits:

  • Interest rate reduction to six percent for debts incurred before entering active duty
  • Postponement of foreclosures
  • Deferred income taxes
  • Eviction prevention
  • Protection against default judgments in civil cases
  • Postponed civil court matters
  • Termination of residential lease agreements
  • Termination of automobile leases
  • Life insurance coverage protection
  • Termination of phone services

What does the Servicemembers’ Civil Relief Act not protect?

Please bear in mind that individuals who received their loan or credit while on active duty in military service do not qualify under the federal Servicemembers’ Civil Relief Act for the six percent interest rate cap or the protection from non-judicial foreclosure or repossession.

Furthermore, just because he or she wants to move or get a new car does not mean that a servicemember can simply get out of their residential or automobile lease. In order to get out of a residential lease, the servicemember must provide a copy of an official military order stating that they must undergo a Permanent Change of Station before the lease expires. To terminate an automobile lease, the servicemember must provide evidence that they are leaving for deployment or training for at least 180 days or that they have to undergo a Permanent Change of Station to a location outside of the continental United States.

Call a skilled Putnam County Veterans Affairs attorney if you have any questions or want to exercise your rights.

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