Charlotte Bankruptcy Lawyers Help Service Members by Nick Messe
While bankruptcy is stressful for all of us, it may be especially so for service members and their families. Added to the strain of financial difficulty may be the fact of being stationed far from home and the added stress on family members left behind and struggling to maintain a household left behind. To better allow the service member to concentrate on his or her job, the Service members Civil Relief Act (SCRA) was signed on December of 2003. This legislation was an update of the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA) and expanded many of that law's protections. Before these revisions, the SSCRA had remained virtually unchanged since 1940 and no updates had been added to reflect the changes in American life since that time. Charlotte bankruptcy lawyers can offer military personnel additional guidance other than the information that follows.
The new Act provides additional relief for active duty military personnel in three areas:
-- Prevents the entry of default judgments
-- Stay of proceedings when the service member has notice of the proceedings
-- Delays the executions of judgments, attachments and garnishments
Default Judgments
If a servicemember fails to appear in an action filed by a plaintiff, the plaintiff just file an affidavit with the court before a default judgment may be entered. In this affidavit, the plaintiff must state whether or not the defendant is in the military. If so, the court may appoint legal counsel for the absent servicemember and grant a stay of proceeding of up to 90 days if the servicemember cannot be present to defend his or her self or if the council appointed by Charlotte bankruptcy lawyers cannot locate the servicemember.
Stay of proceedings
Any one covered by the SCRA may request a stay of proceeding for up to 90 days on any civil action filed. The court will grant the stay if the service member can provide proof that his or her military duty prevents them from appearing in court and proof from his or her commanding officer that their military duty prevents them from appearing as summoned and that leave for this appearance is not approved.
Delay of executions
Upon application from the service member, Charlotte bankruptcy lawyers, or upon its own motion, the court must stay any judgment entered against a service member or any attachments or garnishment of a service member's wages of property if it finds that the service member's ability to cooperate with these rulings is affected by their military service. This stay is in effect for the duration of the service member's enlistment period plus 90 days. However, the court can order the service member to make installment payments on any monies owed during this time.
The new SCRA also provides service members assistance with eviction, leases and interest rates. Landlords seeking to evict service members cannot do so without a court order and the court may alter the lease agreement to benefit both parties. Additionally, interest rates for per-service debts are capped at 6%. The Act also provides that leases for service members and their families, including auto leases may be canceled if the service member is transferred or deployed.
When faced with the possibility of bankruptcy, Charlotte bankruptcy lawyers can help get your financial situation back under control.
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While bankruptcy is stressful for all of us, it may be especially so for service members and their families. Added to the strain of financial difficulty may be the fact of being stationed far from home and the added stress on family members left behind and struggling to maintain a household left behind. To better allow the service member to concentrate on his or her job, the Service members Civil Relief Act (SCRA) was signed on December of 2003. This legislation was an update of the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA) and expanded many of that law's protections. Before these revisions, the SSCRA had remained virtually unchanged since 1940 and no updates had been added to reflect the changes in American life since that time. Charlotte bankruptcy lawyers can offer military personnel additional guidance other than the information that follows.
The new Act provides additional relief for active duty military personnel in three areas:
-- Prevents the entry of default judgments
-- Stay of proceedings when the service member has notice of the proceedings
-- Delays the executions of judgments, attachments and garnishments
Default Judgments
If a servicemember fails to appear in an action filed by a plaintiff, the plaintiff just file an affidavit with the court before a default judgment may be entered. In this affidavit, the plaintiff must state whether or not the defendant is in the military. If so, the court may appoint legal counsel for the absent servicemember and grant a stay of proceeding of up to 90 days if the servicemember cannot be present to defend his or her self or if the council appointed by Charlotte bankruptcy lawyers cannot locate the servicemember.
Stay of proceedings
Any one covered by the SCRA may request a stay of proceeding for up to 90 days on any civil action filed. The court will grant the stay if the service member can provide proof that his or her military duty prevents them from appearing in court and proof from his or her commanding officer that their military duty prevents them from appearing as summoned and that leave for this appearance is not approved.
Delay of executions
Upon application from the service member, Charlotte bankruptcy lawyers, or upon its own motion, the court must stay any judgment entered against a service member or any attachments or garnishment of a service member's wages of property if it finds that the service member's ability to cooperate with these rulings is affected by their military service. This stay is in effect for the duration of the service member's enlistment period plus 90 days. However, the court can order the service member to make installment payments on any monies owed during this time.
The new SCRA also provides service members assistance with eviction, leases and interest rates. Landlords seeking to evict service members cannot do so without a court order and the court may alter the lease agreement to benefit both parties. Additionally, interest rates for per-service debts are capped at 6%. The Act also provides that leases for service members and their families, including auto leases may be canceled if the service member is transferred or deployed.
When faced with the possibility of bankruptcy, Charlotte bankruptcy lawyers can help get your financial situation back under control.
Article Source: ArticleSnatch Free Article Directory