Twitter
Facebook
What is the Service member’s
Civil Relief Act?
Servicemember’s Civil Relief Act.
The Service member’s Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043 is a federal law that protects active duty service members from a variety of civil and administrative issues. Congress determined that granting service members these various rights and protections not only protects the individual service member’s due process rights but also strengthens the national defense, because the SCRA allows service members to focus on the mission instead of focusing on personal judicial and administrative problems.
Application.
The SRCA does not apply in all situations. The SRCA only applies in the United States or any territory that is subject to United States jurisdiction. This means that the German government will not enforce the SCRA. Furthermore, the SCRA only applies to civil judicial and administrative proceedings. service members cannot use this law to pause or delay criminal proceedings.
Eligible service members.
The SCRA only applies to active duty service members of the Armed Forces. Reservists are eligible for protection under the SCRA when serving on active duty status. Likewise, National Guardsmen are protected when serving on active duty under Title 10 status or during a presidential declaration of national emergency.
Protection from default
judgements.
While the SCRA contains several protections for service members, this article will focus on protections from default judgements in judicial proceedings.
A default judgement is a ruling granted by a court or judge when one party to the law suit fails to perform a court ordered action, and consequently, the court settles the legal dispute in favor of the opposing party. A default judgement is analogous to a referee in a soccer match awarding the match to one team because the other team failed to take the field. The soccer team lost because it never showed up to the match.
A default judgement commonly occurs when a defendant is summoned to appear at court, but fails to respond in time, fails to answer a complaint, or fails respond to a motion. In such situations, the judge issues a default judgement in favor of the plaintiff, and the defendant is legally obligated to abide by the court’s ruling even though the defendant did not appear in court.
The SCRA protects eligible service members from default judgements if the service member cannot attend the judicial proceeding because of military service. The court can, however, issue a default judgement without the service member present provided that the court follows the procedures in the SCRA.
For example, if the service member-Defendant does not make a required appearance in court, the Plaintiff must file an affidavit with the court stating
(1) whether or not the Defendant is in military service, or
(2) that the Plaintiff cannot determine whether the Defendant is in military service. If the court determines that the Defendant is an active duty service member, then the court cannot enter a judgement until after the court assigns an attorney to represent the service member’s best interest. Thereafter, the attorney may petition the court for a stay, or a temporary pause, for at least 90 days while he or she attempts to contact the Defendant.
Vacating a default judgement.
If a service member returns to the United States only to learn that a court has issued a default judgement against him or her, then the service member may be able to vacate the default judgement and reopen the case. In order to reopen the case, the service member must petition the court. Returning to the soccer example, the losing team that failed to take the field would ask the referee to restart the match, because the losing team was not aware that a game was scheduled. In the petition, the service member must show that
(1) his or her military service prejudiced or prevented the service member from attending the judicial procedure, and
(2) the service member has a meritorious defense to the alleged wrong that is the subject of the civil action or administrative proceeding.
Contact the Legal Assistance Office.
This article is for general information only and does not constitute legal advice or create an attorney-client relationship. If you have a question about your personal situation or if you would like additional information, please contact your local legal assistance office.
If you have a general question that you would like answered in the segment, email to zachary.l.gross.mil@mail.mil with the subject line “Ask a JAG.”
