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See Civil Rights Division. The SCRA is a federal law that provides protections for military members as they enter active duty. It covers issues such as rental agreements, security deposits, prepaid rent, evictions, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments.

Previously found at codified and cited as 50 U. Restated, the SCRA should generally be read in favor of the servicemembers it is intended to protect. The Attorney General may also file such a suit where the facts at hand raise "an issue of significant public importance.

When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. In order to have an individual SCRA case reviewed by the Department of Justice, non-attorneys must first seek the assistance of a military legal assistance office.

See Housing and Civil Enforcement Section. If that office cannot resolve the complaint, it may choose to forward the complaint to the Department.

The Department then will review the matter to determine whether action by the United States is appropriate. The SCRA provides a wide range of benefits and protections to those in military service.

Military service is defined under the SCRA as including: Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. For most servicemembers, SCRA protections begin on the date they enter active duty military service.

For military reservists, protections begin upon the receipt of certain military orders. For questions involving areas of the SCRA not addressed below, please feel free to contact us. Benefit and Protection No. The SCRA limits the amount of interest that may be charged on certain financial obligations that were incurred prior to military service to no more than six percent per year, including most fees.

In order to have the interest rate on a financial obligation such as a credit card or a mortgage capped at six percent per year, a servicemember must provide the creditor with a copy of his or her military orders and a written notice.

In response, a creditor must forgive — not defer — interest greater than six percent per year.

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The creditor must forgive this interest retroactively. The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a six percent interest rate cap.

For mortgages, interest is capped at six percent during the entire period of military service and for one year after the period of military service. For all other obligations, interest is capped at six percent only for the duration of the period of military service.

John Doe takes out a mortgage and then enters military service. Captain John Doe is in military service continuously for 20 years. Captain Doe provides his creditor with a written notice and a copy of all of his military orders.

The creditor must forgive the entire 20 years of interest that was at a rate greater than six percent — inclusive of fees — and an additional year of interest going forward. See, generally, 50 U. The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: John Doe takes out five private student loans prior to entering into military service.

After entering military service, Servicemember Doe consolidates his five loans into one loan. He sends in a written notice and a copy of his military orders. Is Servicemember Doe entitled to the six percent interest rate cap?

Only for the period of time between when he entered military service and when he consolidated his private student loans. In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings.

The way in which the SCRA treats the two types of foreclosure proceedings is very different, see 50 U. This database may be located online at: The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember.

The court must stay a civil court proceeding for at least 90 days if that appointed attorney has been unable to contact the defendant servicemember, or if there may be a defense to the action that requires that the defendant be present.

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