Houston Servicemembers Civil Relief Act Attorneys
Protecting Your Servicemember Rights under Federal Law
The Servicemembers Civil Relief Act (SCRA) provides certain legal protections to military personnel that are unique to these individuals only and not available to civilians. This federal law was written and enacted to protect servicemembers when actively engaged in military duty. It covers a range of protections and benefits involving one’s financial burdens as well as other matters. The law applies to all active servicemembers of the Army, Navy, Marines, Air Force, and Coast Guard as well as reservists and National Guard members serving under federal orders for more than 30 days. It also covers military personnel who are away from their duty due to illness or due to a lawful cause. Dependents of servicemembers, such as spouses, children, or others financially supported within the last 180 days are also protected under the SCRA.
If your rights under the SCRA have been violated, you have the right to bring a suit against the offending civilian party. It is recommended that you discuss the matter initially with your military attorney to determine if you have a case. If it is deemed that you do, you will have to turn to a civilian law firm that has SCRA experience to follow through. At the Law Office of Bryan Fagan, PLLC, we provide SCRA legal services to all military personnel. Our Houston Servicemembers Civil Relief Act lawyers bring exceptional knowledge, skill, and dedication to representing your best interests in civil court. We take pride in serving the individuals who have devoted themselves to the service of the U.S.A.
Contact us online or at (281) 810-9760 to arrange for a complimentary consultation with one of our capable attorneys about your potential SCRA case.
What Does the SCRA Cover?
The purpose of the SCRA is to allow military personnel to engage in their duties and missions without worries about financial matters back home.
It provides protections and benefits for such financial matters as:
- Rental agreements and evictions
- Credit card interest rates
- Mortgage interest rates
- Health insurance
- Life insurance
- Income tax liabilities
- Car leases/loans
- Installment contracts
- Civil lawsuits
For example, it prevents military members from being taken to court for civil suits, such as divorce and custody hearings, can stop a foreclosure from taking place, or stop a landlord from taking you to court for an eviction while you are on active duty. It limits interest rates on your credit cards, car loans, or mortgage to six percent while you are on active duty as well as protects you from repossessions or negative credit reports while away. It also defers your income tax payments and prohibits penalties when your service has affected your ability to pay. In all of these examples, you must prove that your military service has “materially affected” your financial picture or ability to pay; this material effect may mean different things according to the particular situation you are in. Discussing your case with an attorney can help you decide if you have a valid claim against the other party or entity under the SCRA’s legal provisions.
Under the SCRA, you can file a federal suit against any party that violates your rights under the law’s protections. Potential remedies available to you in such a lawsuit can include compensation for your monetary damages, your attorney fees, and court costs.
The Law Office of Bryan Fagan, PLLC Can Help
Our firm is dedicated to providing legal services to military families. We understand the sacrifices you and your family make every day on behalf of all of us. If you believe you have a SCRA violation case, we can help. Our legal team is well-educated and experienced in the laws that apply to servicemembers and can bring diligence, compassion, and drive to your legal issue.
Do you have a valid SCRA violation complaint? Contact us online or call (281) 810-9760 to arrange to speak to a military SCRA lawyer today.