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An Agency Guide to the Servicemembers Civil Relief Act

An Agency Guide to the Servicemembers Civil Relief Act 2025

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The document is a guide authored by Mark E. Sullivan on the Servicemembers Civil Relief Act (SCRA), which was amended in 2003 to extend protections to servicemembers in administrative agency proceedings, not just civil courts. It outlines the rights of covered servicemembers, procedures for agencies regarding default decisions, stays of proceedings, and the appointment of attorneys. The guide emphasizes the need for agencies to be aware of these protections to ensure fair treatment of servicemembers during their military service.

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Click ‘Get Form’ to open it in the editor.
Begin by reviewing the introduction section, which outlines the purpose of the guide and its relevance to administrative law judges and attorneys.
Navigate to the 'Question and Answers' section. Here, you will find specific queries related to SCRA coverage, agency decisions against servicemembers, and how agencies can verify military status.
Fill out any applicable fields based on your situation. For example, if you are a servicemember seeking a stay of proceedings, ensure you include details about your military duties that affect your ability to appear.
Utilize our platform's commenting feature to add notes or questions as you go through each section for clarity.
Once completed, review all entries for accuracy before saving or sharing the document directly from our editor.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do I get money back from SCRA?

So the other response is only partially correct. The scra only applies to pre-service debt. Any balance you had on the card prior to enlisting that carried over is legally required to be dropped to 6%, and any interest paid on the excess needs to be returned. That is the only protection you have by that law.

Who qualifies for SCRA Relief?

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.

Who is not eligible for SCRA?

SCRA prevents you from having to pay state taxes on your military incomeor personal property, such as a carto any state other than your home state of legal residency.

What is the 6% rule for SCRA?

Your Rights as a Servicemember: 6% Interest Rate Cap for Servicemembers on Pre-service Debts. Under the Servicemembers Civil Relief Act (SCRA), you can get a 6% interest rate cap on most loans you took out, including joint loans with your spouse, before you entered military service (pre-service debts).

Who is not protected under the SCRA?

Servicemembers dependents may also seek safeguards under the SCRA in limited circumstances, such as evictions or joint leases. Reservists or National Guard personnel not in an active-duty status are not covered under the SCRA. Also, the statute does not protect retired personnel.

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