Private Cause of Action Under SCRA
The Servicemembers Civil Relief Act (“SCRA”), a federal statute, provides for certain protections for servicemembers. These protections, discussed in detail in our blog, include
- Reductions in interest rates on certain obligations
- Requirements before entries of default judgments
- Restrictions on
New York Tightens Default Judgment Affidavit Rules
States sometimes enact laws over and above the federal Servicemembers Civil Relief Act (“SCRA”) to protect servicemembers in their jurisdictions. In fact, even within States, local jurisdictions may have their own SCRA rules. For example,pursuant to CPLR 3215(a), New …
View moreAuto Lender to pay $3.28M for SCRA Illegal Debt Collection
The Consumer Financial Protection Bureau (CFPB), with its authority under the Dodd-Frank Act to take action against companies engaging in unfair, deceptive, or abusive practices, has filed an administrative consent order against an auto lender that targeted servicemembers for illegal …
View moreTroop Deployment Highlights Renters’ Rights Under SCRA
In early August, the U.S. Army announced that 2,500 troops from upstate New York’s Fort Drum would be deployed to Iraq and Afghanistan. This news is just the latest deployment from the area, as over the past decade countless service …
View moreCourt Ruling: Military Affidavit For All Civil Proceedings
When do you need a military affidavit?
Under the Servicemembers Civil Relief Act, all active-duty military members are afforded certain rights. One of those protections addresses court cases — specifically, what happens if a servicemember cannot appear in court to …
View moreNew Law Updates SCRA Military Protections
The U.S. government is constantly looking for effective methods to safeguard active-duty military members’ financial and legal rights. Historically, one of the most beneficial laws has been the Servicemembers’ Civil Relief Act, but even this piece of legislation isn’t perfect.…
View more