Soldiers' & Sailors' Relief Act info - active & called up Reservists

[David]

fnaWife2AFVV

Registered to :Sep 26, 2001
Messages :198
From :
Posted 24-10-2001 at 02:29
--------------------------------------------------------------------------------
http://www.military.com/Resources/Re...its_Relief.htm
Quote:
--------------------------------------------------------------------------------



Authority. Title 50, Appendix, United States Code, Sections 501-593.

Scope of Protection
The Soldiers? and Sailors? Civil Relief Act of 1940 (SSCRA), as amended, was passed by Congress to provide protection for individuals entering or called to active duty in the military service. It is intended to postpone or suspend certain civil obligations to enable servicemembers to devote full attention to duty. The Act applies to the United States, the states, the District of Columbia, all U.S. territories and in all courts therein. It covers such issues as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosure, civil judicial proceedings and income tax payments.

Reservists and the members of the National Guard are protected under the SSCRA while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.

Key Concept

For certain important provisions of the SSCRA to be of benefit, the ability of the servicemember to either defend or pursue an action must be materially affected by his or her military service. This can be due to geographic prejudice, i.e., the military member?s duty location prevents personal attendance at the judicial proceeding to protect his or her rights. It can also be due to economic prejudice, i.e., the military member cannot meet financial obligations due to military service (reduction in income as a result of entering military service results in inability to meet obligations). The court compares the servicemember?s financial condition prior to entry on active duty with the financial condition while on active duty.

--------------------------------------------------------------------------------



Also:
Quote:
--------------------------------------------------------------------------------


Military Report Updates
October 16, 2001: Relief Act Only for Pre-Active Duty Debt - The Soldiers' and Sailors' Civil Relief Act will lower military members' mortgage interest to 6 percent -- but only if the loan existed before the member came on active duty.

August 28, 2001: Creditors Must Relax Interest Rates For Deployed Reservists - In a precedent-setting case for reservists, a U.S. district court judge in Louisiana has signed a judgment favoring an Army Reserve soldier who suffered financial ruin while deployed to Bosnia.

--------------------------------------------------------------------------------



In case this might help someone, or someone you know.
m


--------------------------------------------------------------------------------
Profile www Qoute
David

Registered to :Aug 21, 2001
Messages :604
From :San Diego, CA.
Posted 24-10-2001 at 02:50
--------------------------------------------------------------------------------
Looks good. Next they need to provide relief to soldiers who were basically forced ( if you ever had a pissed off sergeant on your ass you know what I mean ) to sign general powers of attorney then deployed. This often leads to irresponsible and down right obvious malicious actions by the spouses left behind. For a soldier to be held liable in such obvious cases is a tragedy for the young soldier and causes years of pain as the credit and court systems rip them apart for things they had no control over. You are turned into a criminal for nothing more then naively trusting a spouse and the military with your future....


--------------------------------------------------------------------------------
Profile www Qoute
fnaWife2AFVV

Registered to :Sep 26, 2001
Messages :198
From :
Posted 01-11-2001 at 02:34
--------------------------------------------------------------------------------
David, this sounds awful Are there more details? No POA of any type should ever be signed under, or as a result of, duress. *shiver* As for trusting spouses ..... blech ... considering that within the last 48 hrs. I discovered mine has again filed for divorce... "trust" is not a word I can fairly associate with his existance (too bad I learned the hard way, and way, way too late). Bad, bad things should come the way of anyone that backstabs their Other Half while he or she is by circumstances effectively prevented from protecting themself. Grrrrrr.......
m


--------------------------------------------------------------------------------
Profile www Qoute
David

Registered to :Aug 21, 2001
Messages :604
From :San Diego, CA.
Posted 01-11-2001 at 02:45
--------------------------------------------------------------------------------
There are more details but it's a long sad story and such dirty laundry I will not air in public. Suffice it to say I as well as many others that deployed to Iraq were given no choice in signing these things and many are still paying the price for it. Another intersesting note: that year Bush allowed our spouses to sign our names on our income tax returns. This was the smallest of my losses but $1500 is $1500.....


--------------------------------------------------------------------------------
Profile www Qoute
fnaWife2AFVV

Registered to :Sep 26, 2001
Messages :198
From :
Posted 02-11-2001 at 02:24
--------------------------------------------------------------------------------
David, I'm sorry, I should have been more clear - by "details" I meant of the overall negative situation, experiences, catagorically, not details of any specific case (such as your own) Along the lines of, 'There's at least 'x' number of guys that while over there serving, their "wives" sold the family home and did .......' kind of thing, with such rotten actions being enabled because of the forced signing of POAs or whathaveyou.

As far as income tax situations, generally, there some portions of the Code referred to as 'innocent spouse' provisions, and I would wonder how same might have be available for the later use of a screwed-over servicemember. Example of common application is: Fred is divorced with children with sole legal custody to his ex; he remarries and at some point accumulated a child support arrearage; his joint return tax refund w/a new spouse (who w/not usually have any legal responsibility of support for such children) is snagged by the IRS Intercept Program. Fred's current wife can file request forms to receive back from the IRS her prorata portion of their joint refund.
Where the heck is Bits? He knows all this IRS stuff......

The ways some people, many people disregard their pledges and promises to, and the trust of, those that love and marry them is dispicable. BOY, do *I* know of a perfect example......

Sorry, if my post made you uncomfortable -that wasn't my intention, nor did I mean to be asking you to post personal details.
m