South Florida Servicemembers Civil Relief Act Lawyers
Servicemembers Civil Relief Act
To help ensure national security, there are special provisions in the bankruptcy code for men and women in the armed forces. This legislation is called the Servicemembers Civil Relief Act (SCRA) and it gives military personnel special protection in certain civil proceedings.
Rules of the Act
The SCRA provides for the temporary suspension of judicial and administrative proceedings and transactions that could adversely affect members of the military during their term of service. The motivation behind the SCRA is that it allows servicemembers to focus their attention on the defense of the country.
What it Does
The SCRA allows for forbearance and reduced interest on certain obligations incurred before beginning military service. It also restricts default judgments against members of the military and rental evictions of them and their dependents.
SCRA and Bankruptcy
The Act applies to all actions and proceedings that take place in a bankruptcy court. Under the SCRA, members of the military are protected against:
- The entry of default judgments
- Stay of proceedings where the servicemember has notice of the proceeding
- Stay or vacation of execution of judgments, attachments, and garnishments
If you or someone you know is a member of the military who has fallen into a financial crisis, there are special provisions and laws to protect.
Contact a South Florida Bankruptcy Lawyer
Contact the South Florida Servicemembers Civil Relief Act lawyers of Eric N. Klein & Associates, P.A. for an initial consultation. We will discuss your current financial situation and how bankruptcy may be the best option for you.
