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You have rights under the Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act (SCRA) protects people in the military or uniformed services. It can limit, postpone, or pause some of your financial and civil obligations during military service.

Review key protections under the SCRA

The SCRA is a federal law. It protects you along with state or other laws. Below, you can find SCRA protections that many servicemembers ask about.

People covered under the SCRA are:

  • Active-duty members of the Army, Marine Corps, Navy, Air Force, Coast Guard, and Space Force
  • Members of the Reserves and National Guard serving on active duty on Title 10 orders
  • Members of the National Guard mobilized under Title 32 federal orders for more than 30 consecutive days
  • Active-duty commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration
  • Holders of a power of attorney for the servicemembers listed above
  • Sometimes, family members or dependents of the servicemembers listed above

For more details, check Military OneSource , the Office of Financial Readiness , and the Department of Justice .

A military legal office can help you with your specific situation and answer more questions that fall under the SCRA. You can look up your closest military legal office at legalassistance.law.af.mil .

If a financial company is giving you trouble about your rights under the SCRA, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). You can also report violations of the SCRA to the Department of Justice’s Office of Civil Rights .

Borrowing basics

Federal protections under the SCRA are in addition to any other protections you might have under state laws, or under other federal laws, including the Military Lending Act (MLA).

A lender can still charge you late fees, report late or missed payments to credit reporting companies, and try to collect the debt (including suing you for the money).

The lender cannot take away your loan or credit, change the terms of your loan, or refuse to give you credit just because you used your SCRA rights. In addition, a lender can’t send negative information to a credit reporting company because you are using your SCRA rights.

Some lenders might ask you to waive your rights under the SCRA when you take out a loan. Doing this removes your protections. You have the right to refuse and find another lender.

Reduce your interest rate to 6 percent

Under the SCRA, you can lower your interest rate on auto loans, home mortgages, student loans, personal loans, installment loans, title loans, and credit card debt that you took out before you entered active duty. The interest rate on these loans can be lowered to 6 percent. The decrease can apply to loans you took out on your own or with a spouse.

Steps to reduce your interest rate

  • Notify your lender in writing
  • Include a copy of your orders to active-duty service, or a letter from your commanding officer that shows the date you began active-duty service
  • Make the request while you are serving on active duty or up to 180 days after release from active duty

Rate reduction can last through active duty and beyond

  • For most loans, the interest rate is lowered for the entire time you serve on active duty
  • For mortgages, the reduction lasts for an additional year after the end of active-duty service
  • After you leave active duty, the lender can’t add the difference back to your loan

Foreclosure protections on your home loan

You have protections against losing your home to foreclosure, if you fall behind on mortgage payments because you are on active duty. It does not matter if you did not tell your lender about a change in your servicemember status. You are protected.

The protection is for mortgages taken out before you entered active-duty service. It lasts throughout your active-duty service and for one year after you leave active duty.

Foreclosure can happen only after a court decision

  • The lender must have permission from the court before they can foreclose on a mortgage. This means that the lender has to go to court and get a court order against you.
  • Under SCRA protection, a judge can pause or block a foreclosure or they can order the loan to be adjusted.

Because there are also protections against default judgments, you are protected from foreclosure even if you do not appear in court.

No repossessions of your vehicle or property

Lenders cannot take back property, even your car, if you fall behind on payments. The lender must first file a lawsuit and get a court order before going through with a repossession.

How to tell if protections apply to your vehicles and property

  • You got the loan or lease before you entered active-duty service
  • You made a deposit or installment payment before entering active-duty service

Federal protections under the SCRA are in addition to any other protections you might have under state laws.

The lender can still charge you late fees, report late or missed payments to credit reporting companies, and try to collect the debt (including suing you for the money).

Get out of leases without penalty

You have the right to end a lease without penalty on a home you are renting for you and your dependents. You also could have the right to end an auto lease without penalty.

How to tell if protections apply to your housing lease

  • You signed the lease before you entered active-duty service
  • You signed the lease before receiving a Permanent Change of Station (PCS) or orders to deploy for 90 days or more

How to tell if protections apply to your auto lease

  • You signed the lease before being called to active duty for 180 days or longer
  • You signed the lease during active duty and before receiving orders for:
    • A PCS from inside the continental United States (CONUS) to outside the continental United States (OCONUS)
    • A PCS from a location OCONUS to any new location
    • Deployment with a military or uniformed unit, or in support of a military or uniformed operation, for 180 days or longer

The protection from vehicle repossession does not apply to a change in station from one CONUS location to another CONUS location. Before you sign your lease, check to see whether it allows you to take the vehicle out of state.

Steps to end your housing or auto lease

  • Send your landlord or leasing agent a written notice of termination
  • Include a copy of your orders, or a letter from your commanding officer
  • Send the notice and documents by hand, by private carrier, by mail with return receipt requested, or electronically (for example, through e-mail or an online portal)

The end of your lease takes effect 30 days after the due date of your next payment.

No default judgments against you in civil court

A default judgment happens when a judge rules against you because you did not come to court or explain your side in the matter. Under the SCRA, when you are on active duty you are safe from default judgments in civil court (for example, in a child custody hearing) because you were not there.

Requirements for a civil lawsuit against you

  • The court must appoint an attorney to represent you before it enters a default judgment against you
  • The party suing you must file a legal statement, called an affidavit of military service, saying whether you are in active-duty status or not, along with facts to support it, or saying it cannot tell whether you are on active duty
  • The court or your attorney generally can pause the case for 90 days or more

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