Servicemembers Civil Relief Act Published June 8, 2007 By Capt. Adam Koudelka 21st Space Wing Judge Advocate office PETERSON AFB, Colo. -- The Servicemembers Civil Relief Act offers provisions designed to protect servicemembers in a variety of ways. Formerly known as the Soldiers and Sailors Civil Relief Act, it offers helpful protections to military personnel in recognition of the special demands placed upon those serving on active duty. Here's a summary of the law's provisions: Motor Vehicle Lease Termination - Any active-duty member who has received PCS orders outside the continental United States, or who is being deployed for 180 days or more, may terminate a motor-vehicle lease without early termination charges. Residential Lease Termination - Any active-duty member who has received PCS orders or who is being deployed for 90 days or more has the right to terminate a housing lease with 30 days written notice. The SCRA also allows military members who are just entering active duty service to lawfully terminate a previously-made lease without penalty. To do this, the member must show that the lease was entered into prior to the commencement of active duty service; that the lease was signed by or on behalf of the member; and that the member is currently in military service or was called to active-duty service. Proper written notice with a copy of orders must be provided to the landlord. Stay of Proceedings - Upon application by the member and proof that military service precludes their appearance, a court may grant a 90-day delay of judicial and administrative hearings. Default Judgments - Members may be able to reopen a case in which a default judgment was obtained against them as a result of being unable to respond to the other party's claims due to their military service. Eviction Protection - Members and their dependants may not be evicted without a court order for a lease of less than $2615 per month (the figure changes each year). Members must show that military service materially affected their ability to pay rent. If you feel you are in this situation, don't just stop paying rent - talk to an attorney. Spouse's Tax Bracket - States cannot increase the tax bracket of a non-military spouse who earned income in the state where the military member is now assigned. Military pay is subject to income tax only by the member's state of "domicile," which often is not the state where the member is assigned. However, a spouse's income is subject to the local state's income tax, and many states tried to artificially inflate the tax burden on a spouse's income by adding in the servicemember's military income to increase the spouse's tax bracket. This practice is now illegal. Six Percent Interest Rate - Pre-service loans (including mortgages, car loans and credit cards) often can have their interest rate capped at 6%, effective the day a member enters active duty. Interest over 6 percent must be forgiven - as in, you won't owe it! Members must request the reduction in writing and include a copy of their orders bringing them on active duty. Dependents - Upon application to a court, a dependent of a servicemember is entitled to the protections of SCRA if the dependents ability to comply with a lease, contract, or other obligation is materially affected because of the servicemember's military service. For information, stop by the legal office in Building 350 for legal assistance, Monday to Wednesday 8 to 9 a.m., and on Thursday (active duty only) from 1 to 2 p.m., or call 556-4871.