S.C.R.A IV

Interesting according to Congressional Budget Office Obamacare is going to cost 5 billion dollars less than we’ve been told to expect.

This means according to the Washington post premiums should be going to go down.

Isn’t that just awful and such a really bad thing to have happen. I mean for the past 30 years all my premiums ever did was to go up. This happened every year for the exact amount of my cost of living raise. Isn’t that the way it is supposed to be?

To work than. I am a paralegal not a lawyer so what information you find in my articles are not to be taken as legal advice. My articles are meant to be legal information only. Let’s not forget when a lawyer of paralegal becomes involved your problem becomes an Issue.

OPINION: The fact it can take your lawyer 2 or 3 days to get up to speed on your ISSUE is one of the main reasons why, waiting to the last moment before getting legal help is a very bad idea. It always takes your lawyer and or paralegal awhile process the information and to get up to speed before they can help you. So the more time you can give your lawyer the happier you will be with the results.

Something interesting for soldiers if you get arrested and dropped into a civilian jail and a bail bondsman gets you out you can use the S.C.R.A. to block them from coming after you and forcing you to appearance for your court date until 90 days after discharge from the military.

However this only works if you are in combat. If you are stationed at a base in the States of an Ally country the bondsman can go your commanding officer and ask for you. Or the bondsman can go to your base legal office and get the base court to cancel that part of your S.C.R.A.

Now getting back to what your spouse can do with S.C.R.A. As I said before using the S.C.R.A. your spouse can stop a foreclosure on your house or stop a rental eviction. Also Using the S.C.R.A your spouse can stop a foreclosure on your storage unit.

Life Insurance: Okay if you or your soldier has one of those life insurance policies you can borrow against and your soldier uses it as collateral before going on active duty. Using the S.C.R.A. you can prevent the creditor from seizing the money. Unless the insured dies or the premiums don’t get paid.

Now it is always a good idea to have a back-up P.O.A. /Power of Attorney. A back-up P.O.A/Power of Attorney doesn’t come into play unless your spouse is out of it. It also helps is States that still won’t see same sex unions.

Getting back to the S.C.R.A. If your spouse is out of the game whoever is listed on your back-up P.O.A can use the S.C.R.A., too protect your assets.

Next week a little more on the S.C.R.A. I will be moving onto Chapter 7 Bankruptcy

S.C.R.A III

Interesting, our House of Representatives has actually held a vote on 4/10/14. 219 crazy republicans have voted to cut and end food stamps, Medicare and Medaid, Unemployment insurance, welfare and other much needed social programs. For example, there would be cuts to the Pell grant making it 10 times harder for a poor kid to get education or training needed so they can climb out of being poor. Of course, let’s not forget Obama care this budget will be taking away medical insurance from 8 million working families. After all the poor and handicap are just lazy people bleeding this country dry.

All this so they can to give poor rich people a much needed tax cuts. Poor, Poor rich people. I swear Serf-Dom is on its way back. Once we have Serf-Dom slavery is not even a half-step away.

Oh well, Once again as Ed Shultz from the Ed Show says ‘Let’s go to work’. I am not a lawyer, I am a paralegal. So what follows is in no-way to be taken as, intended to be legal advice. This is legal information only. Let us not forget when a lawyer or paralegal becomes involved your problem becomes an Issue.

Picking up on the S.C.R.A. I am constructing a second page dedicated to listing phone numbers, addresses and websites of military legal assistance organizations. I found this listing on the Department of Justice website. Theses organizations’ should and will be able to help you if you decide to pursue an S.C.R.A/Serviceman’s Civil Relief Act type of bankruptcy. If you live near a military base you can also start with local military base’s legal offices.

If you are a service member and or the service member’s spouse starting an S.C.R.A you will need to have this the information you need to have on hand when you make your 1st call:

Service member’s full and complete name, rank and current posting or where they are currently stationed. Of course don’t forget your soldier’s social security number.

Next gather together all information you can about the money matter you need help with. This includes all bills, demand letters, contracts, deeds and bills of sales. This also includes any legal documents, like Reposition demands, notices of evictions, and foreclosures’ notices. Make sure you have all this information organized in such a way you can easily find what information you need while are talking with your lawyer.

It will help to write down a list of your questions and concerns before making your 1st call and have it on top of your paperwork.

Once you have gotten all your information put together, you can make your 1st call.

SIDENOTE: Do not be surprised or appalled if after the intake operator takes your phone number and some information about your issue they tell you someone will be calling you back. This is a legal and governmental office you are dealing with after all. It could be 2 or 3 days before someone call you back but I guarantee someone will call. However if someone is pounding at your door about the debt make sure the intake operator is aware! Someone will call you back a lot sooner.
If someone from that office doesn’t call in that time frame or the collection agent starts getting scary you can call the intake operator again ask them to hurry it along.

More about the S.C.R.A next week. Then there should be a couple more S.C.R.A postings and then I will be moving on to Chapter 7 bankruptcy.

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.