Servicemembers Civil Relief Act: Basic Protections

When someone goes on active duty, bills, leases, and court cases at home do not stop on their own. The Servicemembers Civil Relief Act, often called the SCRA, is a federal law meant to ease that transition. It gives servicemembers, and in some cases their families, certain protections in financial and legal matters. This guide gives a plain overview based on information from the U.S. Department of Justice. It is not a full list, and the details depend on the facts.

Who the SCRA covers

The Department of Justice's financial and housing rights page explains that military service under the SCRA includes full-time active duty members of the military branches, reservists on federal active duty, and members of the National Guard on federal orders for a period of more than 30 days. Commissioned officers in active service of the Public Health Service and the National Oceanic and Atmospheric Administration are covered too.

The law also gives some protections to dependents. DOJ says the term "dependent" includes a servicemember's spouse, children, and any other person for whom the servicemember has provided more than half of their financial support for the past 180 days. In some cases, people who co-signed a loan with a servicemember are also covered.

For most servicemembers, DOJ says protections begin on the date they enter active duty. For reservists, they begin when certain military orders are received.

The interest rate cap

One well-known protection is a limit on interest. DOJ explains that the SCRA limits interest on certain debts that were taken on before military service to no more than 6 percent per year, including most fees. Examples DOJ lists include credit cards, vehicle loans, mortgages, home equity loans, and student loans.

The cap does not apply on its own. DOJ says the servicemember must send the creditor written notice along with a copy of military orders or another appropriate indicator of service, such as a letter from a commanding officer. That notice must reach the creditor within 180 days of the end of military service. DOJ says the creditor must forgive, not just defer, interest above 6 percent, and must do so retroactively.

For mortgages, DOJ says the cap lasts for the period of service and one year after. For other debts, it lasts only during the period of service.

Leases and evictions

DOJ explains that the SCRA can let a servicemember end a residential lease in certain situations, such as when they entered service after signing the lease, or when they receive permanent change of station or deployment orders for at least 90 days. Retirement or separation orders can also qualify.

To end the lease, the servicemember gives the landlord written notice and a copy of the orders, or a letter from a commanding officer. For monthly rent, DOJ says the lease ends 30 days after the next rent payment is due.

DOJ also says a landlord may not evict a servicemember or their dependents from a residential home during military service without first getting a court order, even in a state that otherwise allows evictions without one. If you rent and are facing a problem with a landlord, the USAGov tenant rights page lists general places to turn as well.

Foreclosures and car loans

DOJ explains that being a servicemember does not stop a lender from foreclosing on a mortgage that is behind. However, the SCRA adds protections. For a mortgage taken out before service, DOJ says a lender must get a court order before foreclosing without a court process during service and for one year after. Courts can also pause some proceedings or adjust payments when military service affects a servicemember's ability to pay.

For vehicles, DOJ says a creditor may not repossess a car during service without a court order if the servicemember paid a deposit or made at least one payment before entering service. The SCRA can also let servicemembers end certain vehicle leases early without penalty after qualifying orders.

Court cases and default judgments

If a servicemember is sued and does not appear, DOJ says the court may not enter a default judgment until it appoints an attorney to represent the servicemember's interests. The court must pause the case for at least 90 days if that attorney cannot reach the servicemember, or if there may be a defense that requires the servicemember to be present.

This is why it matters to respond to any court papers, even when you are deployed. Tell the court and your legal assistance office about your military status as early as you can.

Waivers: read before you sign

DOJ notes that the SCRA allows servicemembers to give up their rights in some cases, but only through a waiver that meets specific requirements, including being a separate document from the contract and signed during or after the period of service. If a landlord, lender, or dealer asks you to sign a waiver, read it carefully and ask for advice first.

Where to get help

DOJ's how we can help page says that if you believe your SCRA rights have been violated, you should contact your local military legal assistance office. If you are not eligible for military legal assistance, you can submit a complaint to DOJ for review. DOJ also notes that it cannot investigate every complaint and does not form an attorney-client relationship with individual servicemembers.

A private lawyer can review your situation directly. Lawyers who handle civil rights and consumer matters may take SCRA cases. The USAGov legal aid page also lists Stateside Legal, which offers free legal help for military members, veterans, and their families. Our guides on legal topics cover related housing and debt questions.

Frequently asked questions

Does the 6 percent interest cap apply automatically?

No. DOJ says the servicemember must send written notice and proof of military service to the creditor within the required time.

Can my landlord evict my family while I am deployed?

DOJ says a landlord may not evict a servicemember or dependents from a residential home during military service without a court order.

Does the SCRA stop all foreclosures?

No. It adds protections, such as court involvement in some cases, but a lender may still foreclose on a mortgage that is behind. A lawyer can explain how it applies to your loan.

Where should I start if I think my rights were violated?

DOJ recommends contacting your local military legal assistance office first.

Related: Browse guides on legal topics and civil rights lawyers.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.