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Legal Protection

SCRA Legal Protections

Prevent default judgments, request stays of civil proceedings, and protect yourself in court while on active duty.

Your Legal Rights Under SCRA

SCRA provides critical protections in civil legal proceedings, ensuring that military service doesn't result in unfair legal outcomes:

Default Judgment Protection

Courts cannot enter a default judgment against you without first determining that military service doesn't affect your ability to appear. If you're on active duty, the court must appoint an attorney to represent you.

Stay of Proceedings

You can request a stay (pause) of civil court proceedings if military service materially affects your ability to participate. Initial stay is 90 days, with extensions available.

Reopening Default Judgments

If a default judgment was entered against you during service, you can request to have it reopened and the case reheard.

Default Judgment Protection

Under 50 U.S.C. § 3931, before a court can enter a default judgment in any civil action, the plaintiff must file an affidavit stating:

  • Whether the defendant is in military service
  • Facts supporting the determination

If you ARE in military service, the court must:

  • Appoint an attorney to represent your interests
  • Grant a stay of at least 90 days if you may be affected
  • Require a bond from the plaintiff if judgment is entered
If You've Received Legal Papers

Contact a military legal assistance office immediately. Even if you can't appear in court, you have rights. A default judgment entered without proper SCRA procedures can be reopened.

Stay of Proceedings

Under 50 U.S.C. § 3932, you can request a stay of civil proceedings. To request a stay:

  • Submit a written request (letter or motion)
  • Explain how military service affects your ability to appear
  • State when you expect to be able to appear
  • Include a letter from your commanding officer if possible

Duration of Stays

  • Initial stay: At least 90 days upon request
  • Additional stay: Can request extensions as long as service affects ability to appear
  • Court discretion: If you don't request additional stays, court may proceed

Get Help With Legal Matters

While SCRA Saver focuses on financial protections, we can help document your active duty status for legal proceedings.

Get Started — $59 Filing Fee

Reopening Default Judgments

Under 50 U.S.C. § 3931, if a default judgment was entered against you during military service, you can petition to reopen it if:

  • You were on active duty when the judgment was entered
  • You were materially affected by military service
  • You have a meritorious defense to the action
  • You apply within 90 days after military service ends
Pro Tip

Check your credit report regularly. Unknown judgments may appear as collection accounts. If you find one that was entered during your service, you may be able to have it vacated.

What Proceedings Are Covered

SCRA legal protections apply to civil proceedings, including:

  • Debt collection lawsuits
  • Foreclosure actions
  • Eviction proceedings
  • Child custody modifications
  • Divorce proceedings
  • Contract disputes
  • Personal injury lawsuits

SCRA does not apply to criminal cases or administrative proceedings (like traffic tickets).

Claim All Your SCRA Protections

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$59 filing fee • All 21+ protections included