Legal Definitions - Soldiers' and Sailors' Civil Relief Act

Soldiers' and Sailors' Civil Relief Act

The Soldiers' and Sailors' Civil Relief Act is a federal law, originally passed in 1940, designed to protect the legal and financial interests of individuals serving in the U.S. military. It provides various safeguards to ensure that service members are not disadvantaged in civil legal matters solely because of their military service, especially when deployed or otherwise unable to attend to personal affairs. This Act helps modify their civil liabilities, limits the interest rates that can be charged on their financial obligations, and establishes specific legal procedures for claims brought against them.

• Example 1: Protection Against Eviction

  Imagine a U.S. Army soldier deployed to a remote base overseas. While they are away, their landlord attempts to evict their spouse and children from their rented home because of a temporary delay in rent payment due to a financial administrative issue related to the deployment. The Soldiers' and Sailors' Civil Relief Act could prevent or delay this eviction, providing the family with time to resolve the payment issue without losing their housing, thereby protecting the soldier's civil right to housing while serving their country.

• Example 2: Interest Rate Reduction on Debts

  Consider a Navy sailor who took out a personal loan for a boat before being called to active duty and deployed for an extended period. The loan has a high interest rate. Under the Soldiers' and Sailors' Civil Relief Act, this sailor could apply to have the interest rate on that loan reduced to a maximum of 6% per year for the duration of their active duty service. This provision helps alleviate financial burden on service members whose income or ability to manage finances might be impacted by their military obligations.

• Example 3: Delaying Court Proceedings

  Suppose a Marine is sued for a civil debt, such as an unpaid credit card bill, while they are deployed in a combat zone and cannot be reached to respond to the lawsuit. Without the Marine's knowledge or ability to participate, a court might otherwise enter a default judgment against them. The Soldiers' and Sailors' Civil Relief Act allows for the postponement of such court proceedings or the reopening of a judgment, ensuring that service members have a fair opportunity to defend themselves once they are able to do so, preventing unfair legal outcomes due to their military service.