I will be posting soon I am ill. I am also I am changing my weekly posting date.
Monthly Archives: February 2014
SCRA or Service members’ Civil Relief Act II
Okay once again, I am not a lawyer I am a paralegal. So this is not legal advice this is legal information only. Also when you talk to a lawyer or a paralegal your problem becomes an ISSUE.
The SRCA not only protects active duty members of the army, air force navy and marines but also reservist, members of the national guard, the air national guard and commissioned officers of public health service, and or national oceanic and atmospheric service.
Here are some of the benefits you’re loved on and or family can get when they talk to a military base legal service and or independent lawyer with military experience about filing a SRCA bankruptcy.
There have been some recent changes SCRA or the Service member’s Civil Relief Act. Such as, if you are renting a house or an apartment and paying $3,139 or less a month the landlord must get a court order before they can evict your wife or husband while you are on active duty. Even if you signed the lease before joining an armed service. This also includes mortgage payments. The only condition is that the soldier or sailor must have actually lived there and still lists it as his/her home address.
While a SCRA is being processed it also can limit interest rates to 6%. On such things as credit cards, mortgages payments or any other loan you have. Even loans you entered into before going on active duty falls under SCRA protection. Also because of the interest rate restriction an SCRA can reduce the monthly payments on these accounts. Including your car payments.
While the SCRA is in effect lenders cannot cancel or change their rules on your loans or credit cards. After a SCRA has been completed lenders cannot use the fact you have used the SRCA as a reason to deny you a credit card or a loan.
Now let’s say someone files a civil suit against you. For example your spouse files for divorce, or your spouse gets bullied into foreclosure proceedings, or a standard bankruptcy. You can still get SCRA protection
Side-Note: Secretary of Defense Panetta in a memo dated February 11, 2013, confirmed that the SCRA protection also extends to and includes same-sex couples as well as traditional couples
Side-Note: On February 2, 2013 President Obama signed a law increasing the SCRA foreclosure protection from 90 days after military discharge to 9 months. Unfortunately this extension ends midnight January 1 2015.
However, part of the law says that before the extension ends President Obama wants to know how many people have used this extension.
Next week, more on the SCRA or the Service members Relief Act.
Most importantly how to get the damn thing started.
SCRA or Service Member’s Relief Act
And so once again, I am a Paralegal I am not a Lawyer. So this is in no way be taken as legal advice. This is legal information only. Also let us not forget when a lawyer or a paralegal becomes your problem becomes an ISSUE.
As I said last week, with the end of the “Unemployment insurance gray train is over.” I think information about Bankruptcies will be very important. There are 3 types of bankruptcy most people will most often need.
As a veteran, I want to talk about is the SCRA or Service Member’s Civil Relief Act bankruptcy 1st. It was created in 1940 with the name of Soldiers and Sailor’s Act. This act can be found at 50 U.S.C. app. §§ 501 et seq.
The right to file for SCRA bankruptcy lasts the entire term of being on active duty plus 90 days. So if things crash or you discover things have crashed while out processing you can still ask for SCRA protection.
The major thing about the SCRA is a soldier or sailor’s wife or husband can start a SRCA for Bankruptcy protection. While a soldier or sailor is out of contact and or busy fighting for our country. Using the SRCA you can get help with debts like, past due credit cards, mortgage payments, back taxes and lease evictions.
It goes back to the promise we make our service personal, ‘If you risk all to protect us, we’ll protect the loved ones you leave behind.’
Okay, if your family’s major money maker is on active duty overseas or stationed someplace like and a creditors wants to file for a default on debt complaint. A creditor must file an affidavit proving that the military debtor is available. That they had made every effort to contact the active duty debtor and s/he has ignored the situation. This must be done before the judgment can be entered. If creditor does get the default judgment, you or your lawyer or legal service can file an affidavit telling the court that yes the military debtor was not available. This will stop things until the military debtor can be contacted. If the creditor challenges your affidavit the trustee can’t decide who is telling the truth h/she can appoint an attorney to protect the military debtor. Also another option the Trustee could make the creditor pay a bond before allowing a default go into collections.
SIDE-NOTE: A Bankruptcy Trustee 9.9 times out of ten is a lawyer employed by the Federal Bankruptcy courts. A Trustee more or less act as the judge in administering the bankruptcy cases making sure everything is done correctly.
SIDE-NOTE: A surety bond is an amount of money equal to the current market value of the property the Trustee is going to allow the creditor to take. The bond will be held by the court until the Trustee is sure no one was cheated.
Next week I am going to repost an article about presidential orders. Then I will move back to bankruptcy. Also I should have my scheduling problems worked out.
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Explanations-Legal 