What is an SCRA Stay?

Under the Servicemembers Civil Relief Act, you can request that a civil court case be "stayed" (postponed) if your military service prevents you from properly appearing or defending yourself. The court must grant a stay of at least 90 days if you meet the requirements.

Mandatory 90-Day Stay

If you submit a proper request, the court MUST grant at least a 90-day stay. This is not discretionary—it's required by federal law.

Types of Cases Covered

SCRA stays apply to civil proceedings, including:

  • Debt collection lawsuits
  • Divorce and child custody cases
  • Contract disputes
  • Eviction proceedings
  • Foreclosure actions
  • Personal injury lawsuits
  • Any civil court matter

Does Not Apply To

SCRA stays do not apply to criminal cases or cases where you are the plaintiff (person who filed the lawsuit).

Requirements for a Stay

To receive a stay, you must submit a letter or application to the court that includes:

  1. Statement that your duties prevent appearance - Explain how your military service prevents you from appearing in court or properly defending the case.
  2. Date when you can appear - Provide a date when you expect to be available (if known).
  3. Letter from your commander - A statement from your commanding officer confirming that your military duties prevent leave and that leave is not authorized.

How to Request a Stay

  1. Write a letter to the court explaining why you need a stay
  2. Include all three required elements listed above
  3. Attach a copy of your military orders
  4. Get a letter from your commanding officer
  5. File the request with the court clerk
  6. Serve a copy on the opposing party

Additional Stays

After the initial 90-day stay, you can request additional stays. The court has discretion to grant or deny additional stays based on whether your service continues to affect your ability to participate.

Default Judgments

SCRA also protects against default judgments—when the court rules against you because you didn't respond or appear:

  • Before entering a default judgment, the court must determine if you're in military service
  • If you're in the military, the court must appoint an attorney to represent your interests
  • Default judgments entered against you can be reopened if you can show your service prevented defense

Reopening a Default Judgment

If a default judgment was entered against you while on active duty:

  1. You have 90 days after your military service ends to apply to reopen
  2. You must show that your military service materially affected your ability to defend
  3. You must show you have a meritorious defense to the action

Get Legal Help

Court procedures can be complex. If you're involved in a civil case:

  • Contact your base JAG (Legal Assistance) office
  • They can help draft stay requests and advise on strategy
  • JAG assistance is free for service members