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The SCRA and Responding to a Suit

I am on active military service and have just received notice that I am being sued for a breach of a contract I had before I joined the military. What can I do in this situation, now that I am on active duty?

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You can apply for court protection from the proceeding. If your military service materially affects your ability to appear to answer the court proceedings, you should apply to the court for a stay of those proceedings. Your application should include: 1) A letter or other communication setting forth facts stating how your military service materially affects your ability to appear and stating a date when you will appear; and 2) a letter or other communication from your commanding officer stating that your current military duty prevents your appearance and that military leave cannot be authorized at that time.

Published on BankingQuestions.com 10/30/08