Servicemembers Civil Relief Act (SCRA)

Start Here If You Are New to SCRA

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides civilian-side protections for active duty service members. SCRA recognizes that military service can interfere with the ability to handle civilian legal and financial obligations and provides specific protections to prevent unfair outcomes. Six core protections. Lease termination upon PCS or 90-day-plus deployment. 6 percent interest rate cap on pre-service obligations. Default judgment protections in civil suits. Mortgage and foreclosure protection during and after service. Eviction protection (when the rent does not exceed a statutory threshold). Stay of civil proceedings during military service. SCRA is invoked through written notice to the creditor, landlord, court, or other party. JAG Personal Services Attorneys help Marines invoke SCRA. Per 50 U.S.C. Chapter 50.

This page walks you through SCRA from your seat as a General Marine. By the end you will know.

• The six core SCRA protections
• How to invoke each protection
• The 6 percent interest rate cap and how to claim it
• Lease termination procedures
• Mortgage and foreclosure protections
• Default judgment protections
• Stay of civil proceedings
• The role of the Personal Services Attorney in SCRA matters
• Consequences for creditors who violate SCRA

Every fact on this page comes from 50 U.S.C. Chapter 50, MCO 5800.16 Vol 5MCO 5800.16 Vol 5, and Department of Justice and CFPB SCRA enforcement guidance.

Why SCRA Exists

The federal government recognizes that military service can interfere with a Marine's ability to.

• Pay debts on time.
• Defend against civil lawsuits.
• Manage real estate and lease obligations.
• Maintain insurance.
• Address other civilian legal matters.

SCRA balances the need for service members to focus on military duties against the legitimate interests of creditors and other parties. The law provides specific protections, not blanket immunity from obligations.

Who SCRA Covers

SCRA covers all active duty service members, including.

• Active duty military (Marines, Navy, Army, Air Force, Space Force, Coast Guard).
• Reservists and Guard members on active duty for 30+ days.
• Commissioned officers of the Public Health Service and NOAA on active service.
• Cadets and midshipmen at federal service academies.

Who SCRA Does NOT Cover

• Civilians.
• Reservists in drill status (not on active duty).
• Discharged service members (some protections continue post-service for limited periods).

Active Reserve Coverage

Reserve Marines on active duty for 30+ days are covered. The protections begin on the active duty start date and continue while on active duty.

Coverage Through Spouse Designations

Some SCRA protections extend to military spouses and dependents in specific contexts (e.g., joint mortgages, joint leases).

The Six Core Protections

Protection 1. 6 Percent Interest Rate Cap

Per 50 U.S.C. 393750 U.S.C. 3937, interest on pre-service obligations cannot exceed 6 percent annually during active military service.

What "Pre-Service Obligation" Means

Debts you incurred BEFORE entering active duty. Common examples.

• Credit card debt incurred before active duty.
• Pre-existing personal loans.
• Pre-existing mortgages (some).
• Pre-existing auto loans.

Excluded From the Cap

• Debts incurred AFTER entering active duty.
• Federal student loans (different cap framework under separate statute).
• Mortgages during the active duty period are subject to a separate 6 percent cap framework with specific rules.

How to Invoke

1. Notify the creditor in writing of your active duty status.
2. Provide a copy of military orders or a Statement of Service Letter from the unit S-1.
3. The notice triggers the cap retroactively from the date you entered active duty.
4. Excess interest is forgiven (NOT just deferred).

Time Limit for Notification

You can notify the creditor any time during active duty and up to 180 days after the period of military service ends.

Creditor Compliance

Creditors are required to comply. If a creditor refuses, work with the Personal Services Attorney to enforce. The Department of Justice and CFPB enforce SCRA against non-compliant creditors.

Protection 2. Lease Termination

Per 50 U.S.C. 395550 U.S.C. 3955, you can terminate a residential or vehicle lease without penalty when.

• You receive PCS orders OUTSIDE of CONUS.
• You receive PCS orders to a different location AND the lease is at the original location.
• You enter active duty.
• You receive deployment orders for 90 days or longer.

How to Terminate

1. Provide written notice of termination to the landlord.
2. Include a copy of the orders triggering termination.
3. Termination is effective 30 days after the next rent payment is due.

Vehicle Lease Termination

Similar framework. Notice with orders. Termination effective per the statute.

Cell Phone and Other Service Contracts

Per 50 U.S.C. 395650 U.S.C. 3956, similar protections apply to cell phone, satellite, and certain other service contracts.

Protection 3. Mortgage and Foreclosure Protection

Per 50 U.S.C. 395350 U.S.C. 3953, mortgages incurred BEFORE active duty receive special protections.

6 Percent Interest Rate Cap on Pre-Service Mortgage

Pre-service mortgage interest is capped at 6 percent during active duty.

Foreclosure Stay

A creditor cannot foreclose on a pre-service mortgage during active duty and for 12 months after active duty ends WITHOUT a court order. The court order requires the creditor to demonstrate the foreclosure is appropriate despite the service member's active duty status.

Why This Matters

Without SCRA, a creditor could foreclose on a deployed Marine's home while the Marine is unable to defend or restructure the loan.

Protection 4. Default Judgment Protection

Per 50 U.S.C. 393150 U.S.C. 3931, civil court default judgments cannot be entered against active duty service members in many cases without specific procedural steps.

What This Protects

If a civil lawsuit is filed against you and you do not respond (because you are deployed, in training, or otherwise unable to respond), the court typically cannot enter a default judgment against you without first.

• Verifying your military status.
• Appointing an attorney to represent your interests (in some cases).
• Postponing the case (stay) until you can defend.

Setting Aside a Default Judgment

If a default judgment was entered against you while you were on active duty, you can apply to set it aside under SCRA. Strict time limits apply. Coordinate with the Personal Services Attorney immediately.

Protection 5. Eviction Protection

Per 50 U.S.C. 395150 U.S.C. 3951, you cannot be evicted from rental housing where the rent does not exceed a statutory threshold (currently approximately $9,000 per month, indexed annually) during active duty without a court order.

How to Invoke

If your landlord serves an eviction notice, contact the Personal Services Attorney immediately. The PSA can request a stay or court intervention.

Protection 6. Stay of Civil Proceedings

Per 50 U.S.C. 393250 U.S.C. 3932, you can request a stay (delay) of civil proceedings during military service when your military duties materially affect your ability to participate in the case.

How to Request

1. Notify the court in writing.
2. Document why your military duties materially affect your ability to participate (e.g., deployed, in training, OCONUS, etc.).
3. The stay is initially for 90 days; extensions are available.

What Cases This Covers

Civil proceedings including divorce, custody, debt collection, contract disputes, landlord-tenant matters, and many others.

What Cases This Does NOT Cover

Criminal proceedings (different framework), proceedings where you are the plaintiff (you initiated the case), and certain other limited exceptions.

How to Invoke SCRA Protections

The general framework.

Step 1. Identify the Protection You Need

Review the six core protections. Identify which apply to your situation.

Step 2. Gather Documentation

• Military orders (PCS orders, deployment orders, mobilization orders).
• A Statement of Service Letter from the unit S-1 (confirms active duty status).
• Existing contracts, leases, mortgages, or court documents.
• Correspondence with the creditor, landlord, court, or other party.

Step 3. Coordinate With JAG

The Personal Services Attorney at LSSS or OSJA helps you draft.

• Notice letters to creditors invoking the 6 percent cap.
• Lease termination notices.
• Stay requests to courts.
• Default judgment set-aside requests.

Step 4. Send the Notice

Send by certified mail with return receipt requested. Retain proof of delivery.

Step 5. Follow Up

Monitor for compliance. If the creditor or landlord does not comply, escalate through the PSA. The Department of Justice or CFPB may enforce.

Common SCRA Scenarios

Scenario 1. PCS to Different Installation

You receive PCS orders from Camp Lejeune to Camp Pendleton. You have a lease at Camp Lejeune.

• Invoke SCRA lease termination per 50 U.S.C. 395550 U.S.C. 3955.
• Provide written notice with PCS orders.
• Termination effective 30 days after the next rent payment is due.

Scenario 2. Deployment for 9 Months

You receive deployment orders for 270 days. You have a vehicle lease.

• Invoke SCRA vehicle lease termination per 50 U.S.C. 395550 U.S.C. 3955.
• Provide written notice with deployment orders.
• Termination effective per statute.

Scenario 3. Pre-Active-Duty Credit Card Debt

You had a credit card with a 24 percent interest rate before joining the Marine Corps.

• Notify the credit card company of your active duty status with orders or Statement of Service.
• Interest cap reduced to 6 percent retroactively from your active duty start date.
• Excess interest is forgiven.

Scenario 4. Civil Lawsuit During Deployment

You are sued in civil court for an old debt while deployed.

• Notify the court of your active duty status.
• Request a stay of proceedings.
• Coordinate with the Personal Services Attorney.

Scenario 5. Pre-Active-Duty Mortgage

You had a mortgage on a house you bought before joining the Marine Corps.

• Pre-service mortgage interest is capped at 6 percent during active duty.
• The bank cannot foreclose during active duty (or for 12 months after) without a court order.
• Notify the mortgage holder of your active duty status.

Spouse and Dependent Coverage

SCRA primarily protects the active duty service member but extends some protections to spouses and dependents in specific contexts.

Joint Obligations

Joint obligations (joint mortgage, joint lease, joint debt) often trigger SCRA protections that benefit both the service member and the joint obligor.

Spouse Lease Termination

When a service member spouse is on the lease and receives qualifying orders, the entire lease is subject to termination (not just the service member's portion).

Domicile Protection (MSRRA)

The Military Spouses Residency Relief Act (MSRRA) provides residency protections for military spouses, separate from but related to SCRA.

Consequences for SCRA Violations

Civil Penalties

Creditors who willfully violate SCRA face civil penalties under federal law.

Department of Justice Enforcement

DOJ enforces SCRA against banks, lenders, landlords, and other entities. Past enforcement actions have resulted in significant settlements.

Consumer Financial Protection Bureau (CFPB)

CFPB enforces SCRA against financial institutions.

Report Violations

If a creditor or landlord violates SCRA, report to.

• The Personal Services Attorney at the installation.
• The Department of Justice SCRA Enforcement.
• The CFPB.
• The state attorney general (where applicable).

Common Mistakes Marines Make

Mistake 1. Not Invoking SCRA

The most common mistake. SCRA is invoked through notice. If you do not notify the creditor, landlord, or court, the protection does not activate.

Mistake 2. Verbal Notice Only

SCRA requires WRITTEN notice. Verbal claims of active duty status do not invoke SCRA.

Mistake 3. Missing Documentation

Without orders or a Statement of Service, the creditor or landlord may reject the notice. Always include documentation.

Mistake 4. Waiting Too Long

Some SCRA protections have time limits. Default judgment set-aside has a strict timeline. Notify and respond promptly.

Mistake 5. Forgetting About Mortgage Protection

The 6 percent cap on pre-service mortgages and the foreclosure stay are valuable but underutilized. Marines with pre-service mortgages should invoke.

Mistake 6. Not Updating SCRA After Each PCS or Deployment

Protections may need to be reasserted at each new triggering event (e.g., new PCS orders, new deployment).

Common Questions Marines Ask

What is SCRA?

The Servicemembers Civil Relief Act. A federal law providing civilian-side protections for active duty service members. Per 50 U.S.C. Chapter 50.

Who does SCRA cover?

Active duty military, reservists on active duty for 30+ days, federal service academy cadets, certain commissioned officers of PHS and NOAA.

What are the six core protections?

(1) 6 percent interest rate cap on pre-service obligations. (2) Lease termination on qualifying orders. (3) Mortgage and foreclosure protection. (4) Default judgment protection. (5) Eviction protection (statutory rent threshold). (6) Stay of civil proceedings.

How do I invoke SCRA?

Send written notice to the creditor, landlord, court, or other party. Include orders and/or Statement of Service. Coordinate with the Personal Services Attorney.

How do I get the 6 percent interest cap?

Notify the creditor in writing. Provide orders or Statement of Service. Cap is retroactive to your active duty start date. Excess interest is forgiven (not just deferred).

When can I terminate a lease under SCRA?

When you receive PCS orders, enter active duty, or receive deployment orders for 90 days or longer.

How long do I have after PCS or deployment to terminate the lease?

You can terminate at any time after receiving qualifying orders. Termination is effective 30 days after the next rent payment is due.

What if my landlord refuses to honor a SCRA lease termination?

Coordinate with the Personal Services Attorney. The PSA can escalate. The Department of Justice enforces SCRA against non-compliant landlords.

Does SCRA cover student loans?

Federal student loans have a separate cap framework. Some private student loans may be covered by the 6 percent SCRA cap. The PSA can advise on specific student loans.

What is the Statement of Service Letter?

A letter from the unit S-1 confirming your active duty status. Used to invoke SCRA protections.

What if a default judgment was entered against me while I was deployed?

You can apply to set it aside under SCRA. Strict time limits apply. Coordinate with the PSA immediately.

Does SCRA stop creditors from calling me?

No. SCRA limits enforcement actions and interest rates but does not prevent collection calls. The Fair Debt Collection Practices Act (FDCPA) and consumer protection laws may apply separately.

Where to Go for Help

Routing by Issue

• SCRA invocation. Personal Services Attorney at installation LSSS or OSJA.
• Statement of Service Letter. Unit S-1.
• Lease termination notice. Personal Services Attorney for drafting and review.
• Interest rate cap notice. Personal Services Attorney for drafting.
• Default judgment set-aside. Personal Services Attorney immediately (time-sensitive).
• Stay of civil proceedings. Personal Services Attorney to draft request.
• SCRA violation reporting. Personal Services Attorney first, then DOJ at https://www.justice.gov/servicemembers or CFPB at https://www.consumerfinance.gov/.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers PSA access.
• Powers of Attorney and Wills covers POA framework that often pairs with SCRA actions.
• Family Law for Marines covers MSRRA spousal protections.
• Article 138 and IG Complaints covers complaint procedures.

Related Roles

• Leaders coach Marines on SCRA awareness, especially before PCS or deployment.
• Admin at S-1 supports Statement of Service Letter issuance.
• Commanders ensure unit Marines understand SCRA protections and have access to the Personal Services Attorney.

The Servicemembers Civil Relief Act (SCRA) provides federal civilian-side protections for active duty service members. Six core protections. 6 percent interest rate cap on pre-service obligations, lease termination on qualifying orders, mortgage and foreclosure protection, default judgment protection, eviction protection, stay of civil proceedings. Invoke through WRITTEN notice with orders or Statement of Service. Personal Services Attorney helps invoke. Creditors who violate SCRA face DOJ and CFPB enforcement.