Are You Being Sued While in the Military?

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You could be protected under the Servicemembers Civil Relief Act (SCRA) if you are in the military and have been sued. The SCRA is a law created to provide extra protection for servicemembers in the event that legal action adversely affects their rights during military or uniformed service. These protections enable servicemembers to devote their entire energy to the defense needs of the Nation.

The SCRA applies to the following servicemembers:

  • Active duty members of the Army, Marine Corps, Navy, Air Force, and Coast Guard;

  • Members of the Reserve component when serving on active duty;

  • Members of the National Guard component mobilized under federal orders for more than 30 consecutive days; or

  • Active duty commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration.

 

If you are sued while as a servicemember on active duty, you have certain legal protections under the SCRA. These include some protections from a default judgment in a civil action. A default judgment is a court order in favor of the party or “plaintiff” suing you when you did not appear or defend yourself against the lawsuit.

Some of your rights under the SCRA include:

  • Before the court can enter a default judgment, the party suing you must file an affidavit with the court stating whether or not you are in active duty service and provide facts supporting that statement. If the party suing you cannot determine whether you are in active duty service, the affidavit must state that fact.

  • If you are inactive duty service and have not appeared in a case against you, the court may not enter a default judgment until it appoints an attorney to represent you.

  • The court also has to permit a delay of proceedings for at least 90 days if certain conditions are met.

 

If you have any questions about your rights under the SCRA, contact the Center for Arkansas Legal Service for free advice at 501-376-3423.

 
 

AUTHOR: CECILLE DOAN, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES

 
Amber Quaid