ring relief

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This ringbound book presents a reproduction of an important U.S. Army Correspondence Course reference, Servicemembers Civil Relief Act Guide, Army JAG Law Department, Common Issues on Rights and Protections. Contents include: This publication is prepared and distributed by the Legal Assistance Branch of the Administrative and Civil Law Department of The Judge Advocate General’s Legal Center & School, U.S. Army. Legal assistance attorneys should find this publication useful in the delivery of legal assistance services to active component servicemembers, reserve component servicemembers, and their dependents. The publication contains summaries of the law, guidance, and sample documents for handling common issues associated with the rights and protections provided to military personnel under the Servicemembers Civil Relief Act. Sample documents are guides only. Legal assistance attorneys should ensure that samples provided in this publication are adapted to local circumstances and are consistent with current format provisions in Army Reg. 25-50 prior to reproduction and use. This publication is part of the continuing effort to improve and expand the resources available to legal assistance practitioners. Military service often compromises the ability of servicemembers to fulfill their financial obligations and to assert many of their legal rights. Fortunately, Congress and state legislatures have long recognized the need for responsive, protective legislation. During the Civil War, Congress enacted legislation suspending any statute of limitations where the war worked to thwart the administration of justice. In World War I, the Soldiers’ and Sailors’ Civil Relief Act of 1918 directed trial courts to take whatever action equity required when servicemembers’ rights were involved in a controversy. A modern version of these laws, the Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA), was penned on the eve of World War II. Based on the 1918 legislation, the Act provided for stays in civil proceedings, interest rate reduction, protection against double taxation, and other types of relief. Experience during World War II and subsequent armed conflicts led to changes, but the law’s basic intent – allowing military personnel to give full attention to their military duties – remained clear. As the Supreme Court has said, this legislation benefits “those who dropped their affairs to answer their country’s call.” THE SERVICEMEMBERS CIVIL RELIEF ACT GUIDE * Table of Contents * Chapter 1 Page * Introduction * Historical Background * The Act’s Purposes, Scope, and Constitutionality * Notice of Benefits to Persons in and Persons * Entering Military Service * Material Effect * Purpose and Organization of this Guide * General and Miscellaneous Provisions * Definitions and Applicability * Legal Representatives * Start and Termination of Protections * Divestiture * Waiver of Benefits * Territorial Application, Jurisdiction, and Form of Procedure * Extension of Benefits to Citizens Serving with Allied Forces * Transfers to take Advantage of the Act * Missing and Deceased Persons * Insurance * Health Insurance * Professional Liability Protection * Public Lands * Procedural Protections * Purpose and Scope * Default Judgment Protection * Reopening Default Judgments * Defendant must not have Appeared in the Case * The Servicemembers’ Military Service must have Materially * Affected Ability to Defend * Servicemember must have a Meritorious Defense * Protection of Bona Fide Purchaser * Moving for a Default Judgment * Affidavit * Court-Appointed Attorney * Stays of Civil and Administrative Proceedings * General * Stay Basics * Material Effect * Common Law Rules * Burden of Proof * Practical Considerations * Bankruptcy * Additional Stays * Welfare Reform Act Interface * Interface of the Stay Provisions and the Default Protections * Per

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