The SCRA provides strong protections for servicemembers under installment contracts for lease or purchase. The SCRA states that contracts by servicemembers for real or personal property, whether to own or lease, may not be rescinded (cancelled) or terminated for a breach of contract by the servicemember. Additionally, the property under the contract may not be repossessed without a court order. These protections only apply to contracts for which a deposit or installment is paid before the servicemember enters military service.
In order for a repossession to occur, the lien holder must seek a court order. The court hearing the case may order that the servicemember is refunded all or part of payments under the contract as a condition of the lien holder repossessing the property. The court may also either stay (put on hold) the proceedings as long as necessary or make another decision that the court believes is fair to all parties.
What if my creditor doesn’t comply?
When lien holders don’t properly comply with the SCRA, you can take action, and you may be entitled to compensation. Often times, an experienced military justice attorney can have the issue resolved without going to court. Lien holders who don’t comply with the SCRA risk paying for your losses and damages resulting from their non-compliance, paying your attorney’s fees, and paying fines. They can even be prosecuted for a federal misdemeanor.
If you or someone you know needs help navigating the Servicemembers Civil Relief Act, please contact Military Justice Attorneys today to speak with an experienced military justice lawyer.
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Our Battles Won
Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.
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"NOT GUILTY" "NOT GUILTY"
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
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"NO BASIS"
Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
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"NOT GUILTY" "NOT GUILTY"
Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.
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"NOT GUILTY" "NOT GUILTY"
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.