The SCRA protects those on active duty or attending a service school. However, those attending training prior to entering active duty , such as officer candidates, may not be covered.
Who does the SCRA apply to?
SCRA extends relief to all Army, Air Force, Coast Guard, Marine Corps, and Navy service members on active duty ; members of the Reserve component when serving on active duty; members of the National Guard component mobilized under federal orders for more than 30 consecutive days; and, active-duty commissioned officers ...
Who is not covered by SCRA?
The SCRA does not apply to criminal cases, only civil cases . Civil cases are those in which one individual or business sues another to protect, enforce, or address private or civil rights.
Are civilians covered under SCRA?
A: The SCRA protects you during periods of military service and, in certain instances, for a period of time after your military service has ended. ... However, the SCRA does not protect you or your dependents if you are a civilian or a contractor .
Which individual is not protected by SCRA and MLA?
Obligations NOT Covered by These Statutes
SCRA: Any obligation that is entered into after the start date of military service. MLA: Mortgages (secured by real estate) Car/boat/mobile home loans (secured by the asset)
Can SCRA be waived?
Your SCRA protections cannot be contracted away or waived except in certain circumstances . You should always first meet with a military legal assistance attorney to find out whether the SCRA applies to your situation, and whether your state may have similar protections, such as for residential lease agreements.
Who qualifies for SCRA protection?
The SCRA protects both active-duty military members, reservists and members of the National Guard when called to active duty (starting on the date active-duty orders are received). In limited situations, it also covers dependents of military members (e.g., certain eviction actions).
What loans does SCRA apply to?
The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: credit cards; automobile, ATV, boat and other vehicle loans ; mortgages; home equity loans; and student loans.
How do I request SCRA benefits?
If you'd prefer sending a paper request, you can fax your SCRA Benefits Request Form to 1-866-516-4023 , or mail your request to the address listed below. Please be sure to include military orders or a letter from your commanding office on military letterhead that shows your active duty period(s).
How long do SCRA benefits last?
How long do SCRA benefits and protections last? An interest rate reduction on your home mortgage expires 12 months after you complete your military service . The interest rate reductions on all other eligible loans expire 6 months after you complete your military service.
What is SCRA eligibility?
SCRA Eligibility
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 terminates within 30 to 90 days after discharge.
Is SCRA only for active duty?
SCRA Eligibility
All active duty military members are covered by the SCRA act, including those in the Army, Air Force, Coast Guard, Marine Corps, Navy, Space Force, reserves and National Guard. SCRA only applies to Reservists and members of the National Guard when they're serving on active duty orders .
Does SCRA extend to spouse?
Generally, SCRA protections cover both regular active-duty military members and Guard and Reserve members who've been activated under federal orders, and their spouses .
What transactions are exempt from MLA coverage?
Exemptions include loans to purchase or refinance a home, home equity lines of credit and auto finance loans where the loans is secured by the vehicle . What types of accounts are covered under the Military Lending Act (MLA)?
Who qualifies for MLA?
Answer: The MLA applies to active duty servicemembers (including those on active Guard or active Reserve duty), spouses, and certain dependents. It limits the interest rates that may be charged on many types of consumer loans to no more than 36% and provides other important protections.
Does SCRA work on auto loans?
The SCRA provides benefits on accounts that were opened before the start of the Servicemember's active duty period. This includes credit cards, auto loans, home loans, and personal loans.
