Are you in the Military and Facing Foreclosure or other Civil Law Suit?
Federal law provides protections for men and women serving in the military. There is a law known as the Servicemembers Civil Relief Act (SCRA). This Act offers protection to persons serving in the armed forces of the United States and provides for the temporary suspension of judicial and administrative proceedings and transactions so that service members can devote their full attention to their duty.
A few examples of proceedings you may be protected against include outstanding credit card debt, mortgage debt and foreclosure proceedings (including by condo or homeowner associations), pending trials, child custody, taxes and terminations of lease. Further, the period of a servicemember’s military service cannot be included in the statute of limitations period.
Who is covered under the Servicemembers Civil Relief Act (SCRA)?
Those members of the Army, Navy, Air Force, Marine Corps, Coast Guard, members of the National Guard called to active duty and Commissioned members of the Public Health Service and the National Oceanographic and Atmospheric Administration.
Are you entitled to any relief under the Servicemembers Civil Relief Act (SCRA)?
There is a private right of action for anyone aggrieved by a violation of the SCRA and a soldier/sailor may, in a civil action, obtain appropriate equitable or declaratory relief such as an injunction and recover monetary damages which may include consequential and punitive damages aside from actual damages.
In a recently settled case, Capitol One has agreed to pay approximately $12 million to settle a lawsuit that accused them of violating the Servicemembers Civil Relief Act lawsuit involving a single servicemember’s failure to receive an interest rate reduction on his Capital One credit card account. In addition, the agreement requires Capital One to provide a $5 million fund to compensate servicemembers who did not receive the appropriate amount of SCRA benefits on their credit card accounts, motor vehicle finance loans and consumer loans. (Full Article)