Service Member Civil Relief Act
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Military service members in California have unique financial and legal concerns when they are on active duty. When someone is on active duty, they might be far away from home and unable to keep track of their usual communications and obligations. The Service Member Civil Relief Act (SCRA) aims to reduce legal or financial repercussions during service, though complications can still arise. If you have concerns about your rights as a service member, contact a California consumer protection attorney for help right away.

Benefits Under the SCRA

The SCRA applies to you if you are a full-time active duty member of the United States Navy, Army, Marine Corps, Air Force, or Coast Guard, among others. Some benefits provided under the law include:

  • Reduced interest rates on most financial obligations and debts obtained prior to active service, with annual rates capped at 6 percent (any interest over 6 percent is forgiven)
  • The opportunity to terminate residential or commercial leases prematurely with proper notice to the landlord
  • Postponement of eviction for rent nonpayment in certain situations if a service member’s spouse or dependents occupy the rental unit
  • Staying the statute of limitations for civil actions
  • Staying any civil actions filed against the service member for at least 90 days with proper notice to the court, as well as special procedures before a default judgment can be issued against the service member
  • Prohibitions on nonjudicial foreclosures or vehicle repossessions

In many cases, invoking your rights under the SCRA requires proper notice to a landlord, creditor, or plaintiff in a civil action, and you should never hesitate to seek legal help with this process.

Protecting Your Rights

If a creditor or another party violates your rights under the SCRA, you can file a legal complaint to seek damages and other relief. Many people in this position can receive:

  • Actual damages for financial losses incurred due to the violation
  • Punitive damages
  • Attorney’s fees
  • Possible penalties, which can be hefty and reach into the tens of thousands of dollars

Speak with Our Service Member Civil Relief Act Lawyers

Whether you need to exercise your rights under the law or believe another party violated your rights, the California SCRA attorneys at Martin & Bontrager, APC, are ready to help. Contact us online or call 323-940-1700 today.