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Protections for Members of the Armed Forces

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Servicemembers Civil Relief Act (SCRA) allows members of the U.S. military to suspend or postpone some civil legal responsibilities while on active duty. The purpose of the SCRA is to allow servicemembers to devote their entire energy to the defense needs of the Nation and to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service. 50 U.S.C. App. § 502.

Specific Protections Under the SCRA

Below are some of the more commonly used protections offered by the SCRA.  The SCRA provides for many more protections than those listed. If you believe that you may qualify for protection under the SCRA, you should speak with a lawyer (link to pg.) or contact your military legal assistance office.

  • Stay of Proceedings: If a servicemember is served with a complaint, they may be able to get a "stay" or postponement of the case if they can show that their military service materially affects their ability to proceed in the case. A stay can be used to stop the court action altogether, or to delay some part of it. See SCRA § 522.
  • Default Judgment: If a servicemember is sued while on active duty and a default judgment is requested and granted, the servicemember may apply to the court to reopen the default judgment under certain circumstances. See SCRA § 521.
  • Protection from Eviction: A servicemember and his or her dependents may be protected from eviction during active duty under certain circumstances. See SCRA § 531.
  • Terminating a Residential Lease Due to Military Service: The SCRA allows military members who receive permanent change of station (PCS) orders or who are deployed for a period of 90 days or more to terminate a lease by providing written notice to the landlord along with a copy of the military orders. See SCRA § 535.

Resources for Servicemembers

Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155

Family Courts and Services Center
601 N. Pecos
Las Vegas, NV 89155

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