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Home >> Military Issues
SCRA Rights Violation:
Communications may be the Answer
We see questions, answers, and articles pertaining to servicemembers' rights every day. Often a common thread to problems is a lack of communication. Servicemembers do have rights under the Servicemembers Civil Relief Act. Often these rights are automatic, so long as each party knows what the other is doing. For instance, a lender can't read the servicemember's mind or make assumptions. If you join the military or are called to active duty, you actually have to request that your loan rates over 6 percent be reduced, and you have to provide a copy of your orders with your request. The intent of this protection is to lower your costs of repayment because your income while in the service is often less than when you were a civilian. If that isn't the case, you may choose not to request the rate reduction. Your lenders will follow the law, which says you have to send a written request with orders.
If you are being sued or otherwise have a court appearance to make, other than criminal court, it is easy to request a delay or stay, for up to 90 days. In fact, the first stay must be granted to you. Again though, it must be requested. You have to send a written request explaining why you can't attend, when you can, and include a letter from your commander confirming that.
If you are in a lease for an apartment and you have orders to go overseas, you can't just move out. You must provide notice and you can be released, without penalty, the month after your next rent payment is owed.
A common requirement before a servicemember deploys overseas is that he/she executes a Power of Attorney with someone he trusts to handle his affairs. This is often a spouse or parent. As your legal representative they can handle many of these tasks for you -- requesting lower loan rates, handling lease problems, and more. You do not have to do everything personally, but you do have find someone you trust and who has your best interests at heart. Take for example Ron Urso of Will County, Illinois. He was deployed to Iraq. While there he was notified his property taxes were going up. The tax assessor appraised Urso's home at $100,000 more than it appraised for privately in February. His property taxes were going to go up from $7,713 to $9,340. He had 30 days to contest the assessor's value, but he was overseas. He hadn't appointed anyone to do that for him. By the time he returned, the county said it was too late to contest the value. The state said they would hear his complaint, but only after he provided his contest to the county. While the SCRA provides some rights in areas of taxation, this is a gray area. What will it cost to fight this, and will it be worth the cost?
What does all this mean? If you communicate with those you owe money to or pay rent to, or are in legal actions with, you are more likely going to have your SCRA rights adhered to and you will have fewer costs and problems playing catch up. Have that Power of Attorney issued or at least supply copies of orders and ask someone you trust to act for you. Any of those people that have to interact with will confirm your status and may provide assistance even without a Power of Attorney.
Published on BankingQuestions.com 09/19/08
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