The servicemembers civil relief act of 2003 scra, formerly known as the soldiers and sailors civil relief act of 1940 sscra, is a federal law that gives all military members some important rights as they enter active duty. The soldiers and sailors civil relief act of 1940 easing. Shortly before the united states entered world war ii, congress passed the selective training and service act of 1940. Uniformed services employment and reemployment rights act. The affiant swears to the truth and accuracy of the statement contained in the affidavit. The scra, enacted in 2003 and amended several times since then, revised and expanded the soldiers and sailors civil relief act of 1940 sscra, a law designed to ease financial burdens on servicemembers during periods of military service. District of columbia affidavit in compliance with soldiers. This is a district of columbia form and can be use in superior court statewide. It covers such issues as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit. Congress passed the soldiers and sailors civil relief act during world war i as a means of offering similar protections to service members fighting in europe. The soldiers and sailors civil relief act of 1940 3 is essentially a reenactment of the 1918 statute. This affidavit is to be executed by an affiant stating under oath that defendant or defendants is are not in the military service of the united states of america as defined by the soldiers and sailors civil relief act of 1940 as amended.
United states code servicemembers civil relief act. Military persons are afforded certain protection under the solder and sailors civil relief act of 1940 and the amended version of this act is the service members civil relief act scra. Servicemembers civil relief act scra in 1940, congress passed the soldiers and sailors civil relief act sscra to provide protection to those called to military service in the armed forces. The soldiers and sailors civil relief act of 1940 is essentially a reenactment of the 1918 statute. This is the law that now governs legal protections for members of the united states military. Congress passed the act in 1940 to protect individuals who were suddenly called to. The soldiers and sailors civil relief act of 1940easing the. Service members civil relief act washington state courts. The service members civil relief act divorce source. It was further amended december 10,2004,by the veterans benefits improvement act of 2004. Soldiers and sailors civil relief act of 1940 to assist in the fight against terrorism, president bush recently authorized the callup of large numbers of military service reservists. Soldiers and sailors civil relief act of 1940 national. Congress enacted the servicemembers civil relief act scra in 2003 in response to the increased deployment of reserve and national guard military and as a modernization and restatement of the protections and rights previously available to servicemembers under the soldiers and sailors civil relief act of 1940 sscra.
Information for members of the armed forces and their dependents on rights and protections of the servicemembers civil relief act sec. I declare under penalty of perjury under the laws of the state of california that the information above is true and correct. The service members civil relief act is the amended version of the soldier and sailors civil relief act of 1940 sscra, a federal law governing and protecting military personnel from certain applications of civil law. The sscra applies to all members of the united states military who are on active duty, as well as those in training or education for the military. Soldiers and sailors civil relief act i am aware of my rights under the xxxx state soldiers and sailors civil relief act. What was the original purpose of the soldiers and sailors civil relief act.
Soldiers and sailors civil relief act of 1940,8 and then amended it substantially in 1942 to take into account the new economic and legal landscape that had developed between the wars. Except as previously disclosed and subject to the knowledge qualification, neither seller nor peoples federal has received any notice of any stay of action, execution or attachment or any vacation of any judgement peoples federal has obtained or any motion for such a stay or vacation or any demand or request for a reduction of an interest rate from any. Michigan judges guide to the servicemembers civil relief act. Soldiers and sailors civil relief act of 1940 attorneys.
Two of those protections are most relevant to family law. A discussion of the soldiers and sailors civil relief. Soldiers and sailors civil relief act of 1940 by rose. This law is a complete revision of the soldiers and sailors civil relief act sscra.
The servicemembers civil relief act formerly called the soldiers and sailors civil relief act codified at 50 u. The 1918 statute did not create a moratorium on actions against service members, but it directed trial. Today, with our nation once again engaged in an allout defense effort, this same legislation has been reenacted as the soldiers and sailors civil relief act of 1940,2 with but minor differences from the world war statute. The scras immediate predecessor is the soldiers and sailors civil relief act of 1940. Servicemembers civil relief act scra the official army benefits. The servicemembers civil relief act scra of 2003 was signed into law on december 19,2003, amending and replacing the soldiers and sailors civil relief act of 1940,and is codified at 50 u. This new law replaces the soldiers and sailors civil relief act of 1940. Bendetson enactment of the soldiers and sailors civil relief act of 1940, approved october 27, 1940,1 has given rise to considerable speculation and interest. A discussion of the soldiers and sailors civil relief act. Servicemembers civil relief act military divorce guide. Judges guide to the servicemembers civil relief act. Items in knowledge bank are protected by, with all. Home historic government publications soldiers and sailors civil relief act of 1940 and amendments of 1942 electronic resource. The servicemembers civil relief act scra gives military members a wide range of legal protections not available to the general public.
The sscra was updated after the gulf war in 1991 but remained largely unchanged as of 2003. The servicemembers civil relief act of 2003 scra was signed into law on december 19, 2003, replacing the soldiers and sailors civil relief act of 1940, and is codified at 50 usc app. Sailors civil relief act of 1940 sscra, is a federal law that gives. Servicemembers civil relief act 7th army training command. Soldiers and sailors civil relief act english to spanish. Applicability of soldiers and sailors civil relief act 1940. The following references are being made available in order to provide some guidance for complying with the service members civil relief act scra. Sectionbysection summary congressional research service r45283 version 4 updated 1 introduction the soldiers and sailors civil relief act of 1940 sscra1 provided civil protections and rights to individuals based. Soldiers and sailors civil relief act of 1940 and amendments of 1942 electronic resource. Soldiers and sailors civil relief act, effective in 1918. The servicemembers civil relief act provides soldiers important rights that cover. Affidavit under soldiers and sailors civil relief act of.
Affidavit under soldiers and sailors civil relief act of 1940 as amended. This document, an affidavit in compliance with soldiers and sailors civil relief act of 1940, amended, is a model affidavit for recording the type of information stated. The soldiers and sailors civil relief act sscra of 1940 provides certain rights and privileges for men and women entering or called to active duty in the armed forces of the united states. It covers such issues as rental agreements, security. If a military member wishes to contest a divorce the service member can use the scra to ensure due process under this act. In addition, many young men and women are enlisting in the military services to join this cause. Under the provisions of the soldiers and sailors civil relief act of 1940 sscra, you may qualify for any or all of the following. The servicemembers civil relief act of 2003 scra, formerly known as the soldiers and. Servicemembers civil relief act scra the official army. The servicemembers civil relief act, comprising sections 501 to 515 and 516 to 597b of this appendix, was originally enacted as act oct.
Information for members of the armed forces and their dependents on rights and protections of the servicemembers civil relief act. The servicemembers civil relief act or scra was enacted in 2003, and was legislation that updated the previous act of 1940 the soldiers and sailors civil. During the civil war, the united states congress enacted an absolute moratorium on civil actions brought against federal soldiers and sailors, and various southern states enacted similar legislation. Soldiers and sailors civil relief act of 1940 sscra employmentrelated laws you need to know about as employmentrelated lawsuits are becoming more common, its important to be aware of and familiar with the laws that affect employment relationships and the legal effects of simple, everyday decisions. When members of the united states armed forces are required to make immediate departures for distant lands to protect our nations interests, many military members are routinely. It covers such issues as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, automobile leases, mortgage. Servicemembers civil relief act scra an official air. Affidavit in compliance with soldiers and sailors civil relief act of 1940 form. Servicemembers civil relief act and lease termination. The purpose of the sscra is to postpone or suspend some of the civil obligations of military personnel to allow them to give full attention to their military duties. The secretary concerned shall ensure that notice of the benefits accorded by this act is provided in writing to persons in military service and to persons entering military service. Soldiers and sailors civil relief act of 1940 sscra hr laws.
Soldiers and sailors civil relief act of 1940 by rose gress. Soldiers and sailors civil relief act sample clauses. Most service members and their families have heard of the soldiers and sailors civil relief act but on 19 december 2003, president george bush signed into law the servicemembers civil relief act scra. Download free printonly pdf or purchase interactive pdf version of this form. The purpose of the sscra is to postpone or suspend some of the civil obligations of military personnel to.
The soldiers and sailors civil relief act of 1940 sscra, however, serves to protect and preserve the civil recourses of these americans. Jun 25, 2019 in 2003, the soldiers and sailors civil relief act was completely rewritten and renamed the service members civil relief act. Kuhus, the soldiers and sailors civil relief act of 1940 1941 20 neb. I declare under penalty of perjury under the laws of the state of. Following the military actions in the middle east on march 19, 2003, and government actions, all active duty military personnel, including activated reservists, are eligible for property tax deferral pursuant to the.
The soldiers and sailors civil relief act sscra of. Experience during world war ii and subsequent armed conflicts made certain changes in the statute necessary. Recognizing the special burdens that members of the military may encounter trying to meet their financial obligations while serving their country, in 1940 congress passed the soldiers and sailors civil relief act sscra. Congress and the state legislatures have long recognized the need for protective legislation. Civil relief act of 1940 sscra, is a federal law that gives all military. Service members civil relief act of 2003 scra formerly known as the soldiers and sailors civil relief act of 1940 sscra. Servicemembers civil relief act department of justice. The scra was amended december 10, 2004, by the veterans benefits improvement act of 2004. The servicemembers civil relief act scra department of justice. The extent to which this statute will affect the general practitioner is not yet calculable. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac, there is no official plugin for.