Posted by David Leibowitz on April 4th, 2009 in Exemptions, Uncategorized, Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act protects our soldiers, sailors and airmen. Lakelaw supports our troops. We offer our servicemen and servicewomen bankruptcy and other legal services at substantial discounts. We always have and always will.
Recently, Lakelaw heard from an Army medic in Afghanistan who was threatened with foreclosure. I told him not to worry so much. The Servicemembers Civil Relief Act gives a lot of protection to our active duty servicemen and servicewomen.
Here are some of the most important features:
- Nobody can get a judgment againt you by default – just because you didn’t answer a complaint. Instead, the court has to appoint an attorney to act on your behalf
- The court has to stop proceedings against you for at least 90 days while your attorney determines if you have any defenses to the claim
- Interest on any debts against you is limited to 6% while you are on active duty. Any difference between 6% and the contract interest can never be collected.
- You can’t be evicted from your residence (rented for less than $2400/month, adjusted for inflation) while you are on active duty for at least 90 days after the eviction order.
Service connected life insurance is increased while you are on active duty. There are other provisions which are all more fully explained in this link: Servicemembers Civil Relief Act
If you are on active duty and came anywhere from the Chicago metropolitan area or Southeast Wisconsin – call on Lakelaw. We support our troops. We’ve got your back.