The Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act of 1940) (codified a
50 U.S.C. §§ 3901—4043
is a

United States federal law The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

that protects

soldier A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, a warrant officer, or an Officer (armed forces), officer. Etymology The wo ...

sailor A sailor, seaman, mariner, or seafarer is a person who works aboard a watercraft as part of its crew, and may work in any one of a number of different fields that are related to the operation and maintenance of a ship. While the term ''sailor'' ...

airmen An airman is a member of an air force or air arm of a nation's armed forces. In certain air forces, it can also refer to a specific enlisted rank. An airman can also be referred to as a soldier in other definitions. As a military rank designat ...

marines Marines (or naval infantry) are military personnel generally trained to operate on both land and sea, with a particular focus on amphibious warfare. Historically, the main tasks undertaken by marines have included Raid (military), raiding ashor ...

, coast guardsmen, and commissioned officers in the

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and

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from being sued while in active military service of their country and for up to a year after active duty, as well as U.S. citizens serving with allied military forces for the duration of a military conflict involving the United States.

History

Despite the act's official title dating it to 1940, its origins can be traced as far back as the

Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...

when the

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

passed a total moratorium on

civil action A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...

s brought against Union soldiers and sailors. In basic terms, this meant that any legal action involving a civil matter was put on hold until after the soldier or sailor returned from the war. Examples of civil matters included

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...

bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...

foreclosure Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has Default (finance), stopped making payments to the lender by forcing the sale of the asset used as the Collateral (finance), coll ...

, or

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

proceedings. Congress' intent in passing the moratorium was to protect both national interests and those of servicemembers. First, Congress wanted servicemembers to be able to fight the war without having to worry about problems that might arise at home. Secondly, because most soldiers and sailors during the Civil War were not well paid, it was difficult for them to honor their pre-service debts, such as

mortgage A mortgage loan or simply mortgage (), in civil law (legal system), civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners t ...

payments or other credit. Congressional concern about protecting the rights of servicemembers was raised again during

World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...

when the Soldiers' and Sailors' Civil Relief Act of 1918 was passed. Like the Civil War-era moratorium, the 1918 legislation was designed to protect the rights of service members while they were serving in the war. Although the 1918 Act did not include a total moratorium on civil actions, it did protect service members from such things as repossession of property, bankruptcy, foreclosure or other such actions while they were in harm's way. The 1918 Act stayed in effect until shortly after World War I, when it expired. The present-day statute, essentially a reenactment of the 1918 law, was passed in 1940 to protect the rights of the millions of service members activated for

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. The major difference between it and the 1918 version, other than minor modifications, was there was no provision for the act to expire, as it did after World War I. Thus, since 1940, service members have received uninterrupted coverage under the act. And indeed, congressional commitment and support for the act has remained so strong, the act has been amended more than 12 times since 1940 to keep pace with a changing

military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...

and a changing world, with the last amendments added, in 2003, through the Servicemembers Civil Relief Act.

Provisions

Courts will generally require litigants to provide proof that an individual is not on active duty before adverse action is taken, i.e. foreclosures, garnishments, attachments, evictions, and judgments. It is important to note that the benefits conferred upon servicemembers extend after active duty. Verification of active military duty may be achieved on-line via the

Defense Manpower Data Center The Defense Manpower Data Center (DMDC) serves under the Office of the Secretary of Defense to collate personnel, manpower, training, financial, and other data for the Department of Defense. This data catalogues the history of personnel in the mili ...

. The act also specifically states that servicemembers and their spouses do not gain or lose a

domicile Domicile may refer to: * Home, a place where someone lives * Domicile (astrology), the zodiac sign over which a planet has rulership * Domicile (law), the status or attribution of being a permanent resident in a particular jurisdiction See also * ...

based on their presence or lack thereof in any U.S. jurisdiction solely on the basis of military orders. Section 571 outlines this concept for purposes of taxation, and Section 595 for voting purposes. Under the SCRA, service members are entitled to a cap of 6% on interest rates for pre-existing debts incurred before active duty. The law also restricts the use of military allotments, protecting servicemembers from unauthorized automatic deductions from their military pay. Additionally, efforts are made to safeguard servicemembers from identity theft. A January 2023 amendment to the SCRA added a provision that provides

license portability Occupational licensing, also called licensure, is a form of government regulation requiring a license to pursue a particular profession or vocation for compensation. It is related to occupational closure. Some claim higher public support for th ...

for servicemembers and their spouses. This allows them to practice a profession using an out-of-state license in most cases.

References

Sources

{{wikisource
United States Department of JusticeUnited States Department of Defense

External links

Service Members Civil Relief Act (SCRA)
Federal Verification Service United States military law United States federal defense and national security legislation United States federal judiciary legislation 1940 in American law 76th United States Congress United States federal legislation articles needing infoboxes