By Nancy Shannon
Attorney, Cordell & Cordell P.C., Omaha, Neb., office
Note: This is Part 2 of a 2-part series on active military members and common questions about their rights. Click here to read Part 1.
Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 2003 (SCRA). Tracing its origins back to the Civil War when a freeze was placed on all civil actions against federal soldiers, the SCRA provides expanded protection over it’s predecessor, the Solders’ and Sailors’ Civil Relief Act of 1940.
Servicemembers are at a disadvantage when faced with defending a civil lawsuit or fulfilling financial obligations while also serving their country. The SCRA provides protection to active members of the armed forces, in addition to reservists and members of the National Guard, in some circumstances. There are several different types of protections, ranging from lowered interests rates to eviction restrictions.
For any parent (or alleged parent) in the military, the SCRA provides a valuable benefit when faced with child custody and child support issues. It’s possible for parents in the military to stay, or suspend, civil actions brought against them during their service, and for a brief time after, in some situations.
Read on for common questions about SCRA.