Researching the Servicemembers Civil Relief Act
| Publication year | 2009 |
| Pages | 28 |
Vol. 22, No. 6, 28. Researching the Servicemembers Civil Relief Act
Volume 22 No. 6
Nov/Dec 2009
If you are a civil attorney in Utah, you may have already encountered the Servicemembers Civil Relief Act (SCRA), see 50 U.S.C. app. §§ 501-96, if your client, opposing party, or a third party to your case is on active duty in the military or is otherwise affected by the SRCA. If you are new to the SCRA, this article will provide information about the basic provisions of the SRCA and secondary sources that provide detailed analysis and sample forms.
In 1941, a Salt Lake attorney outlined the important aspect of the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA) (the predecessor of the SCRA) in two Utah Bar Bulletin articles. See D. Ray Owen, Jr., The Soldiers' and Sailors' Civil Relief Act of 1940, 11 UTAH B. BULL 1 (Jan.-Feb. 1941) and The Soldiers' and Sailors' Civil Relief Act of 1940 Part II, 11 UTAH B. BULL 35 (Mar.-Apr., 1941). Owen detailed case law that attempted to resolve problems within the SSCRA, as well as application and scope.
Additionally, another article examining the SSCRA was published after Operation Desert Storm began in 1991. See Kevin R. Anderson and David K. Armstrong, Soldiers' and Sailors' Civil Relief Act: A Legal Shield for Military Personnel, UTHA B.J., (Apr. 1991), at 8. The authors highlighted important provisions in the SSCRA and recent amendments.
Below is a list of those important provisions as updated by the SCRA as well as citations to pertinent U.S. Supreme Court, Tenth Circuit Appellate, and Utah cases decided since 1991. See Servicemembers Civil Relief Act, 50 U.S.C. app. §§ 501-96 et seq. (updating and renaming the Soldiers' and Sailors' Civil Relief Act).
Section 502: Purpose - Temporary Stay
Provides for a temporary stay in both judicial and administrative proceedings where servicemembers' civil rights may be adversely affected. See id. § 502.
Section 511: Persons Benefited or Protected
Defines protections and benefits for men and women in "uniformed services," which include the armed forces and the commissioned corps of both the National Oceanic and Atmospheric Administration and the Public Health Service. See 10 U.S.C. §101. Besides active duty servicemembers, in some instances the SCRA also protects members of the National Guard called to active service and reserve members of a uniformed service. See also 50 U.S.C. App. § 516. Dependents - including spouses and children - also benefit in some cases. See United States v. Hampshire, 95 F.3d 999 (10th Cir. 1996) (holding that defendant was not entitled to protections of the SSCRA when he went AWOL from the military because he was not longer on active duty as defined by this section).
Section 517: Waiver of...
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