(substantively the same as the SCRA) were designed "to
This is an increase from the SSCRA
, which only provided for 60 days.
The courts' willingness to condition or override an SSCRA
or SCRA stay is based on the longstanding principle that both laws function as a shield that can help protect servicemembers from disadvantages arising from military service, but not as a sword to give them unfair advantage over other litigants.
The SCRA extends a service member's right to stay court proceedings, either as the plaintiff or defendant, in civil cases, including administrative hearings that were not included in the old SSCRA
Furthermore, the SSCRA
likely preempts any state law or regulation that leads to a serious risk that a serviceperson would be subject to double taxation, by both his state of claimed domicile and the state in which he is posted, regardless of whether the state of claimed domicile actually does impose such a tax.
Members of the Army and Air National Guard, reserve forces and regular military on active federal service and some of their dependents are covered by the SSCRA
remanding to invoke the SSCRA
would have been useless because the final
, men and women serving in the Reserves, National Guard and other branches of the military, whose mortgage obligations pre-date the start of their active duty, have the opportunity to cap their mortgage rates at 6 percent while on active duty.
As war clouds gathered in 1940, Congress reenacted the SSCRA
almost verbatim with no expiration date.
A major feature of the 1942 amendments to SSCRA
was the limitation of interest charged by mortgage lenders to 6 percent annually for loans incurred prior to active duty.
8) Mirroring the SCRA's attempt to strengthen, clarify, and modernize the older SSCRA
, the new SCRA Guide replaces the earlier JA 260 SSCRA
Guide (9) and is intended to assist the practitioner in applying the new legislation to current issues.
1988); see also TJAGSA Practice Note, Procedural Steps in the SSCRA
That a Plaintiff Must Take to Secure a Default Judgment Against a Military Member, ARMY LAW.