SCRA for National Guard Members
The SCRA treats Guard members differently based on whether you're activated under federal or state orders. Here's how to know where you stand.
Title 10 vs. Title 32: The Key Difference
National Guard members serve under two distinct legal authorities, and your SCRA eligibility depends entirely on which type of orders activate you.
Federal activation placing you under the command of the President and Department of Defense. Typically for overseas deployments and national emergencies.
State activation with federal pay, under the command of your state Governor. Typically for domestic missions like disaster response.
Title 10 Activations
Under 50 U.S.C. § 3911(2)(A), when activated under Title 10 (federal authority), you receive the same SCRA protections as any active duty service member. This includes:
- 6% interest rate cap on pre-service debts
- Lease termination rights
- Foreclosure and eviction protections
- Default judgment protections
Common Title 10 Scenarios
Title 32 Activations
Title 32 is more complicated. Under 50 U.S.C. § 3911(2)(B), Title 32 orders were historically excluded from SCRA. However, recent amendments have expanded coverage for certain Title 32 activations exceeding 30 consecutive days.
The National Defense Authorization Act for Fiscal Year 2020 expanded some SCRA protections to include certain Title 32 activations exceeding 30 consecutive days. Check with your legal assistance office for the most current guidance.
State-Level Protections
Many states have passed their own military protection laws that extend SCRA-like benefits to Guard members. Coverage varies by state:
States with Title 32/State Activation Coverage:
States with State Active Duty Coverage Only:
Contact your state's military affairs office or JAG for details on your specific state's protections. Coverage and thresholds vary significantly.
How to Determine Your Status
Check your activation orders for the legal authority. The orders will explicitly state whether you're activated under "Title 10, U.S. Code" or "Title 32, U.S. Code."
What to Look For
- Title 10: Orders will reference "Title 10, United States Code" and place you under federal command
- Title 32: Orders will reference "Title 32, United States Code" and specify state command with federal funding
- State Active Duty (SAD): Pure state orders with no federal funding—no SCRA protection
Claiming SCRA Benefits
If you're on Title 10 orders, the process is identical to regular active duty members:
- Gather your activation orders showing Title 10 authority
- Identify pre-service debts with rates above 6%
- Submit written requests to each lender with copies of orders
- Request retroactive refunds for any overpaid interest
For Title 32 orders, check your state's specific protections and work with your unit's legal assistance office to determine what benefits apply.
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