The Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act) (codified a
50 U.S.C. §§ 3901—4043 is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
that protects
soldier
A soldier is a person who is a member of an army. A soldier can be a conscripted or volunteer enlisted person, a non-commissioned officer, or an officer.
Etymology
The word ''soldier'' derives from the Middle English word , from Old French ...
s,
sailor
A sailor, seaman, mariner, or seafarer is a person who works aboard a watercraft as part of its crew, and may work in any one of a number of different fields that are related to the operation and maintenance of a ship.
The profession of the s ...
s,
airmen
An airman is a member of an air force or air arm of a nation's armed forces. In certain air forces, it can also refer to a specific enlisted rank. An airman can also be referred as a soldier in other definitions.
In civilian aviation usage, t ...
,
marines
Marines, or naval infantry, are typically a military force trained to operate in littoral zones in support of naval operations. Historically, tasks undertaken by marines have included helping maintain discipline and order aboard the ship (refle ...
, coast guardsmen, and commissioned officers in the Public Health Service and National Oceanic and Atmospheric Administration from being sued while in active military service of their country and for up to a year after active duty, as well as U.S. citizens serving with allied military forces for the duration of a military conflict involving the United States.
History
Despite the act's official title dating it to 1940, its origins can be traced as far back as the
Civil War
A civil war or intrastate war is a war between organized groups within the same state (or country).
The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
when the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed a total moratorium on
civil action
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
s brought against
Union
Union commonly refers to:
* Trade union, an organization of workers
* Union (set theory), in mathematics, a fundamental operation on sets
Union may also refer to:
Arts and entertainment
Music
* Union (band), an American rock group
** ''Un ...
soldiers and sailors.
In basic terms, this meant that any legal action involving a civil matter was put on hold until after the soldier or sailor returned from the war. Examples of civil matters included
breach of contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
,
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
,
foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Formally, a mortg ...
, or
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
proceedings.
Congress' intent in passing the moratorium was to protect both national interests and those of servicemembers. First, Congress wanted servicemembers to be able to fight the war without having to worry about problems that might arise at home. Secondly, because most soldiers and sailors during the Civil War were not well paid, it was difficult for them to honor their pre-service debts, such as
mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
payments or other credit.
Congressional concern about protecting the rights of servicemembers was raised again during
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
when the Soldiers' and Sailors' Civil Relief Act of 1918 was passed. Like the Civil War-era moratorium, the 1918 legislation was designed to protect the rights of service members while they were serving in the war. Although the 1918 Act did not include a total moratorium on civil actions, it did protect service members from such things as repossession of property, bankruptcy, foreclosure or other such actions while they were in harm's way.
[ The 1918 Act stayed in effect until shortly after World War I, when it expired.
The present-day statute, essentially a reenactment of the 1918 law, was passed in 1940 to protect the rights of the millions of service members activated for ]World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. The major difference between it and the 1918 version, other than minor modifications, was there was no provision for the act to expire, as it did after World War I. Thus, since 1940, service members have received uninterrupted coverage under the act. And indeed, congressional commitment and support for the act has remained so strong, the act has been amended more than 12 times since 1940 to keep pace with a changing military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
and a changing world, with the last amendments added, in 2003, through the Servicemembers Civil Relief Act.
Provisions
Courts will generally require litigants to provide proof that an individual is not on active duty before adverse action is taken, i.e. foreclosures, garnishments, attachments, evictions, and judgments. It is important to note that the benefits conferred upon servicemembers extend after active duty. Verification of active military duty may be achieved on-line via the Defense Manpower Data Center
The Defense Manpower Data Center (DMDC) serves under the Office of the Secretary of Defense to collate personnel, manpower, training, financial, and other data for the Department of Defense. This data catalogues the history of personnel in the mili ...
.
The act also specifically states that servicemembers and their spouses do not gain or lose a domicile
Domicile may refer to:
* Home, a place where someone lives
* Domicile (astrology), the zodiac sign over which a planet has rulership
* Domicile (law)
Domicile is relevant to an individual's "personal law," which includes the law that governs a p ...
based on their presence or lack thereof in any U.S. jurisdiction solely on the basis of military orders. Section 571 outlines this concept for purposes of taxation, and Section 595 for voting purposes.
See also
* Military Spouses Residency Relief Act
The Military Spouses Residency Relief Act (MSRRA) signed into law on November 11, 2009, was originally introduced by Congressman John Carter (Texas) during the 110th United States Congress. The MSRRA was written to amend the Servicemembers Civil ...
References
Sources
{{wikisource
United States Department of Justice
United States Department of Defense
External links
Service Members Civil Relief Act (SCRA)
Federal Verification Service
United States military law
United States federal defense and national security legislation
United States federal judiciary legislation
1940 in American law
76th United States Congress
United States federal legislation articles without infoboxes