The brave men and women serving in the United States Military face challenges and danger on a daily basis in the service of their country. Unfortunately, home life for the men and women who serve their country all across the world can be difficult. Life goes on without them, and sometimes things outside of their control can complicate their lives.
Congress introduced the Servicemembers Civil Relief Act to help protect servicemen and women from civil actions at home while in active duty. Originally passed in 1940 as the Soldiers' and Sailors' Civil Relief Act, the law puts a moratorium on civil actions being brought against military personnel who are on active duty or have been in active duty within the past year.
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There are a number of civil proceedings which cannot be brought against servicemen and women under the Servicemembers Civil Relief Act, including:
· Bankruptcy
· Foreclosure
· Repossession of property
The law has its roots in a similar law that was originally passed in 1918 as a response to America's involvement in the First World War. The original act only remained in effect until the war ended. However, by 1940, Congress again realized the need for similar measures. The law went into effect a year before US involvement in World War II began, and has remained on the books for seven decades.
Since it was passed in 1940, the act has been amended more than a dozen times to ensure that it relevant to the realities of the modern military. The most recent amendments were added in 2003. As a result of the law, most courts require that a party be shown not to be an active-duty serviceman or woman before civil proceedings begin.
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