Servicemembers Civil Relief Act (SCRA) Consultant

SCRA at a glance.

The Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) is the federal law that protects servicemembers' civil and financial obligations during military service. It applies to active-duty servicemembers (and reservists/Guard on Title 10 active orders), and in many cases their dependents. Key protections:

6% interest rate cap on pre-service debts (credit cards, mortgages, student loans, auto loans).
Residential lease termination with no penalty for PCS or deployment 90+ days.
Foreclosure protection on mortgages incurred pre-service (and 12 months after).
Default judgment protection in civil court — a stay can be requested to prevent default judgments.
Eviction protection on residential leases below the rent threshold (currently around \$10,000/month, indexed).
Auto/aviation lease termination for orders 180+ days (CONUS) or any OCONUS PCS.

Where the system breaks.

Banks 'forget' the rate cap. Landlords contest the lease termination. Civil-court clerks ignore the stay request. Even VA-friendly lenders sometimes refuse SCRA benefits to dependents using the active-duty rate. A specialist consultant — usually a paralegal or military-financial counselor — gets the protections actually applied.

How to invoke SCRA — the basics.

Provide written notice to the creditor or landlord.
Include a copy of orders (deployment, PCS, or active-duty orders).
For the 6% rate cap: notice must be in writing within 180 days of release from active service. Cap applies retroactively to the start of service.
For lease termination: notice plus orders; effective 30 days after the next rental due date.
For court matters: request a stay in writing, with a statement of how military service prevents appearance and the date you'd be available.

When to use a consultant.

Most invocations are simple letters. Where consultants help: when a creditor refuses, when multiple debts need simultaneous treatment, when SCRA intersects with divorce or bankruptcy, when you're filing for the active-duty rate retroactively years later, or when a default judgment slipped through and needs to be vacated.

Free options first.

Armed Forces Legal Assistance (legalassistance.law.af.mil and equivalent service portals) — free legal help on SCRA matters.
Installation legal office (JAG). SCRA letters are routine for them.
Military OneSource — free legal consultation for servicemembers and dependents.

Use those first. Hire a consultant when the free routes hit a wall.

Frequently asked

Common questions.

Does SCRA cover credit cards?

Yes. Pre-service credit card balances qualify for the 6% interest rate cap during active service. You provide written notice with a copy of orders. The cap is retroactive to the start of service if you notify within 180 days of release.

How do I get my mortgage rate reduced?

Send written notice to the loan servicer with orders. The cap applies to the pre-service mortgage. Most major servicers have an SCRA portal or specific mailing address — find it on their site.

Can I break my lease for a PCS or deployment?

Yes — for PCS or deployment 90+ days. Provide written notice + orders. Termination is effective 30 days after the next rental due date. Landlords cannot charge early-termination fees for SCRA-qualifying terminations.

Does SCRA protect spouses?

In limited cases. Some protections (eviction, court stays) extend to dependents. The 6% rate cap is for the servicemember. Specialist consultants can clarify what applies to a specific situation.

What if my landlord refuses?

Document the refusal. Contact the installation legal office or Armed Forces Legal Assistance. Federal violations can carry damages. Most refusals fold once the legal office sends the next letter.

How long does SCRA protection last?

For the period of active service, plus a tail in some categories: foreclosure protection extends 12 months after release; reduced interest rate ends at release.

Is HER NEXT MISSION an SCRA consultant?

No. We refer to consultants and to free legal options. We are not your lawyer or your paralegal.