Posted on Feb 4, 2014
How many of you have had companies or people violate the Service Members Civil Relief Act?
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Thankfully the government has passed laws that support our service members when they deploy or PCS. I have heard horror stories though of companies and landlords etc not honor it. What have you seen or experienced. You can check out the link for more information on it.
Important information about The Servicemembers Civil Relief Act
Posted 11 y ago
Responses: 4
Major Chang, doesn't the JAG have lease addition forms that you can add to a lease which the landlord would sign that states in the case of deployment or PCS that the lease is null and void without recourse?
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LTC David S. Chang, ChFC®, CLU®
yes you are correct! Unfortunately not many know about this. Also the hassle is difficult to go through, hopefully we get to a point where this isn't an issue at all!
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SSgt George Brown
It should not be an issue at all, just basic contract law, I would think. A contract is between both parties and should be amenable to both as well. I think that you are correct in that people don't know the power they have in contract law. They are the ones trading their money for a place to live.
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I'm not sure if it falls under the same category of protections, but I remember I was summoned for jury duty during Basic Training, and I wasn't aware of it until after AIT when I got to my first duty station in Germany nearly 5 months after being summoned. I was trying to explain my case to the court but they were being difficult. After nearly a year of bouts, they finally just dropped the whole thing. Like I said, I'm not sure if this would qualify, but it's the closest thing I that has happened to me that caused me headache.
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LTC David S. Chang, ChFC®, CLU®
It is along the same lines, in the military we have a different set of obligations that should make us exempt from certain duties. We have come a long way since the Vietnam war though.
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Relief under the SCRA places the onus on the Servicemember to prove that they are entitled to it. As a Financial Regulator, I spend a great deal of my time discussing this with the banks that I regulate. While most financial institutions are aware of the SCRA, virtually none of those that I regulate ever have requests for relief. That being said, there are a number of great provisions in the SCRA to assist Servicemembers. I only wish more took of advantage of it.
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