Posted on August 29, 2008 in Military Law
We are now 7 years into the War on Whoever it Is We Are Fighting. One good result, perhaps, is that the US has overcome the "Vietnam disease" of taking out their frustration on the men and women fighting the war.
One key safeguard is the Servicemembers Civil Relief Act – which used to be called the Soldiers and Sailors Civil Relief Act of 1940. The date at the end tells you how old the Act was before it was modified. What is amazing still is how few lawyers and judges are familiar with even the most basic protections of the Act.
Did you know, for example, that EVERY motion for a default needs to certify that the defendant is, or is not in the US Military Service? How often have you followed that requirement in your pleadings. Some states (like Florida) actually remind us of the rule in our Rules of Civil Procedure.
There are many other protections in the act – for mortagage holders, lease holders, debtors and tax payers. If ou have military clients – and this includes active, reserve, retired and National Guard – you need to make yourself familiar with the SCRA!
More to follow!!