Soldiers' & Sailors' Civil Relief Act

By Chucala, Steven | Soldiers Magazine, July 2003 | Go to article overview

Soldiers' & Sailors' Civil Relief Act


Chucala, Steven, Soldiers Magazine


AS MORE military members are being deployed to trouble spots around the world or to fight the war on terrorism, there has been an increase in questions about the Soldiers' and Sailors' Civil Relief Act--especially from members of the reserve components and their families.

The SSCRA

The Soldiers' and Sailors' Civil Relief Act became a federal law in 1940. It's purpose is to protect active-duty and reserve-component members of the armed services who may be disadvantaged in terms of their economic and property interests due to serving their country. The SSCRA permits service members to suspend or delay certain civil liabilities and civil-court actions.

The law does not exempt service members from legal obligations that result from an act of wrongdoing. The law does not cover criminal charges and citations that include misdemeanors such as reckless driving and driving while intoxicated. Requests to delay court dates for these obligations should be addressed to the court and prosecutors, who may elect to delay proceedings but are not required to do so under the SSCRA.

Are You Covered?

Members of the Army and Air National Guard, reserve forces and regular military on active federal service and some of their dependents are covered by the SSCRA. Soldiers who wish to read this lengthy law can find it on the Internet by searching for "Title 50, Appendix, United States Code, Sections 501-590."

The law covers a wide range of matters that concern almost every facet of civilian economic and judicial activity, and it requires a booklet to properly address. This article is limited to the five areas usually of the greatest interest to soldiers.

Most often, relief concerns the staying of judicial proceedings, exemption from multiple income taxation, reduction of interest rates, early termination of leases, stopping mortgage foreclosures and extending statutes of limitations.

Stay of Civil Proceedings

Stays of civil proceedings are available when soldiers are sued and are not reasonably available to appear in court or able to achieve proper legal representation due to military service. Soldiers may ask the court to stay proceedings until they return from duty.

Based on my experience, a judge advocate attorney should not sign such a letter on behalf of a soldier, since some judges have denied the stay on the grounds that the attorney made an appearance on behalf of the soldier, who is therefore represented. I recommend the attorney prepare a letter that the soldier's commander can sign requesting the stay, This avoids the appearance that the soldier has legal representation.

A judge also may grant a stay of enforcement of a legal obligation if the soldier's ability to meet the obligation has been materially affected by entry into military service.

Exemption from Multiple Taxation

Multiple taxation is a common concern as soldiers PCS from state to state. Soldiers remain subject to the tax liabilities of their legal residence (home state).The SSCRA provides immunity from taxes by host states on income earned through military service. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Soldiers' & Sailors' Civil Relief Act
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.