The Servicemembers Civil Relief Act
While protecting our country, some service members may have trouble meeting their financial obligations for a variety of reasons such as an unexpected activation, deployment, injury, or extension of service. The Servicemembers' Civil Relief Act (SCRA) was enacted in 2003 to offer these service members and their families special protections and benefits.
The SCRA covers all active duty service members, Reservists, and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally ends 30 to 90 days after the date when the service member is discharged from active duty.
Stay of Execution of Judgments, Attachments and Garnishments
Under certain circumstances, a court can postpone or stop the execution of court judgments or orders against a service member. The postponement will last for the period of the service member's active service and up to 90 days thereafter. This provision of the SCRA applies to civil actions brought against a service member before or during the period of his or her military service, or within 90 days after such service terminates.
If the court determines that military service materially affects a service member's ability to follow a court judgment or order, the court may voluntarily decide to postpone or stop the execution of the court order or judgment, including garnishment or attachment of wages, property, money, and other assets in the service member's possession. If a service member requests a stay of execution of a judgment or order from the court, the court must grant the stay.