The Servicemembers Civil Relief Act - Page 2

To What Types of Legal Proceedings does the SCRA Apply?

Pretty much everything except criminal prosecutions. Examples would include:

  • Divorces
  • Child support enforcement proceedings
  • Custody or child support modification hearings
  • Tax suits
  • Suits to collect a debt
  • Personal injury lawsuits
  • Immigration hearings

What the SCRA Does Not Do:

  • Prevent legitimate lawsuits from being filed against active servicemembers
  • Prevent an active servicemember from losing a lawsuit
  • Extinguish active servicemember's liabilities or obligations
  • Allow an active servicemember to breach all types of contracts, including a contract for the sale of real property
  • Extinguish liens on property

Also, the SCRA does not apply if the person suing the active servicemember proves that the active servicemember is not (or is no longer) impaired or materially affected by his or her military service.

Is 90 Days All You Get?

No. An active servicemember can get an extension, but he must apply for it with the court and demonstrate that his military service continues to impair him. The maximum length of an SCRA abatement is the length of the active service plus 90 days after release or discharge from active duty.

If the active servicemember is a plaintiff in the legal proceeding, he must resume prosecution of the case after the SCRA abatement expires. If he is a defendant, he must be prepared to defend his case.

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854