Bend Oregon Supplemental Affidavit - Servicemembers Civil Relief Act

State:
Oregon
City:
Bend
Control #:
OR-8862R
Format:
Word; 
PDF; 
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Description

This is an official Oregon court form, and can be used with the Affidavit of Service form as a supplemental affidavit relating to the military or non-Military service of the defendant.

The Bend Oregon Supplemental Affidavit Service membersrs Civil Relief Act is a legal document designed to provide additional protection for service members who are facing legal actions while serving in the military. This affidavit is specific to the state of Bend, Oregon and is tailored to meet the requirements and provisions of the Service members Civil Relief Act (SCRA). The Service members Civil Relief Act is a federal law enacted to safeguard the legal rights and interests of active-duty military personnel. It offers a range of legal protections, such as a stay of proceedings, temporary suspension of certain obligations, and limitations on evictions, foreclosures, and repossessions. The Bend Oregon Supplemental Affidavit is designed to supplement and enhance these protections, providing additional safeguards for military personnel serving in the Bend area. There are different types of Bend Oregon Supplemental Affidavits Service membersrs Civil Relief Act, typically based on the nature of the legal actions involved. Some common types include: 1. Bend Oregon Supplemental Affidavit Service membersrs Civil Relief Act for Stay of Proceedings: This type of affidavit is filed by an active-duty service member to request a stay or postponement of legal proceedings, such as court hearings, trials, or other legal actions that may adversely affect their rights while serving in the military. 2. Bend Oregon Supplemental Affidavit Service membersrs Civil Relief Act for Temporary Suspension of Obligations: This affidavit is used by service members seeking temporary relief from certain contractual obligations, such as loan repayments, rent payments, or lease agreements. It allows military personnel to focus on their military duties without undue financial hardship. 3. Bend Oregon Supplemental Affidavit Service membersrs Civil Relief Act for Protection Against Foreclosure or Eviction: This type of affidavit is utilized to protect active-duty service members from foreclosure actions or eviction proceedings. It provides a temporary halt on foreclosure sales or eviction orders, allowing service members to maintain their homes during their military service. 4. Bend Oregon Supplemental Affidavit Service membersrs Civil Relief Act for Limitation on Interest Rates: This affidavit is designed to restrict the interest rates on certain financial obligations incurred by service members before their military service. It ensures that these individuals are not burdened with high interest rates while serving their country. These various types of Bend Oregon Supplemental Affidavits aim to ensure that service members in Bend, Oregon are afforded the full protection of the Service members Civil Relief Act. By providing additional legal provisions and safeguards, these affidavits help maintain the rights and well-being of military personnel during their active-duty service.

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FAQ

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.

Military service is defined under the SCRA as including: 1) full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps and Coast Guard); 2) Reservists on federal active duty; and 3) members of the National Guard on federal orders for a period of more than 30 days. Id.

Active duty U.S. military members can receive financial relief and protections under the Servicemembers Civil Relief Act (SCRA)....How to apply: Contact the Military Services Center to request the benefit: email: 24hrmilitaryservicecenter.shared@usbank.com. phone: 1-800-934-9555. fax: 1-855-791-2100, attn: SCRA.

The waiver must: Be in writing. Use a 12-point font or larger. Be an individual document, not attached, stapled or connected to the contract or agreement to which it applies. Directly state which contract or agreement is the waiver applies to. Be signed during or after active-duty military status.

Service member ? Written as two words, use lowercase in all references. One exception is if the term ?servicemember? is part of an official title such as the Servicemembers Civil Relief Act, Servicemembers' Group Life Insurance or the Office of Servicemember Affairs.

Citizens who are working as contractors are not protected by the SCRA.

Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. Id. at § 3911(2)(C). Commissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA) are also covered by the SCRA.

How do I apply for SCRA benefits? A copy of your enlistment orders or military orders calling you to active duty service. A properly completed Department of Defense Short Form (available from your local JAG or Housing Office)

This protection applies while you are on active duty and for an additional one year after leaving active duty.

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.

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Bend Oregon Supplemental Affidavit - Servicemembers Civil Relief Act