The Washington Declaration Re: Service Members Civil Relief Act (AFSCA) is a legal document designed to provide protection to members of the military and their families when they are called to active duty. It establishes a series of rights and privileges for service members and their families, including protections from eviction, foreclosure, repossession, and more. It also prohibits creditors from taking legal action against service members for debts incurred prior to their active duty service, and extends the amount of time for service members to pay their debts. The Washington Declaration Re: Service Members Civil Relief Act (AFSCA) was issued in response to the need for additional protections for service members and their families during times of active duty and is designed to give them the financial support and stability they need. There are two types of Washington Declaration Re: Service Members Civil Relief Act (AFSCA): the original version, which was signed into law in 2003, and the revised version, which was signed into law in 2016.
Washington Declaration Re: Service Members Civil Relief Act (AFSCR)
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FAQ
Active duty Soldiers are eligible for the Servicemembers' Civil Relief Act starting on the date active duty orders are received and, in limited situations, a Soldier's dependents may also be eligible. Protection generally terminates one year after the date of discharge of active duty.
What doesn't SCRA cover? A number of financial transactions are not protected, including: New loans or debt: Contracts entered into during your service are not protected by the SCRA. This act applies specifically to loans taken out prior to active service.
If you took out an automobile, home, or student loan or incurred credit card debt prior to becoming a servicemember (also known as a ?pre-service obligation?), or if you took out such a loan jointly with your spouse, then you are entitled to have your interest rate reduced to a maximum of 6 percent per year.
Citizens who are working as contractors are not protected by the SCRA.
The SCRA now allows members and their spouses wider freedom to elect a domicile for tax purposes. Before 2023, members were protected from state income tax based solely on their duty station, but they were also limited in their ability to change their residence as they wished.
The Servicemembers' Civil Relief Act applies in bankruptcy cases. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.
The SCRA can help service members who come into the military with high-interest debt. It limits interest rates on debt to 6%, including debt held jointly with a military spouse. The interest rate reduction covers the time when a service member first entered active-duty status to the day they are no longer active.
The reduced interest rate applies to credit card debts, car loans, business obligations, some student loans and other debts, as well as fees, service charges and renewal fees.