The Servicemember's Civil Relief Act
Monday, December 12, 2011
The Servicemember’s Civil Relief Act provides legal protection for those individuals on active duty in the military. The act protects servicemembers from certain judicial proceedings until the servicemember returns from military service, deployment or overseas duty.
If civil action is taken against a servicemember while on active duty the servicemember has three legal protections:
1. In the event civil action is taken, the servicemember may apply to the court for a “stay of proceedings”. A stay of proceedings delays any legal proceeding by no less than 90 days.
2. A service member can also obtain a “stay of execution” which would halt the execution of any judgments, attachments and garnishments until the servicemember’s military status no longer impedes their ability to comply with a judgment.
3. A third legal protection the act offers is the ability to vacate or set aside default judgments entered against them. This frequently occurs in foreclosure actions after a servicemember fails to respond to a lawsuit.
If legal action is being taken against you while you are on active duty, contact the Wheelock Law Firm in Dr. Phillips, Orlando, Florida at 407- 648-5742 to schedule a consultation and see whether the Servicemember’s Civil Relief Act protects you.
Staff
12/12/2011
Add your comments:
Items in bold indicate required information.