Soldiers seeking relief
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Only in limited circumstances can a default judgment order be entered against you if you do not appear in court because of your military service obligations. The SCRA also allows you to obtain a delay in court and administrative hearings.
If you are aware of a legal action filed against you or a hearing scheduled, you should soldier an appointment seeking a military legal assistance attorney or your private attorney, if any, right away to discuss your options. Do not disregard legal or court papers just because you relkef be covered by the SCRA—talk to a lawyer to find out what you need to do to assert your relief protections.
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You may also have some additional rights under state law. I hear a court has entered an order against me for being behind in my mortgage payment. Should the SCRA have prevented this? Yes, it should have.
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However, some courts are unfamiliar with the SCRA, and sometimes default judgments are entered improperly against servicemembers who are protected under the SCRA. Such default judgments are likely voidable, meaning they can relirf set aside or vacated by the court.
sodiers I just found out that a default judgment was entered against me a couple of months ago. Can I still challenge it? Yes—so long as you were on active duty within the last ninety days.
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All services provided by a military legal assistance lawyer are free to eligible personnel. If your legal problem involves costs or reliefs for seeking, a filing fee to file a case with the courtyou will probably have to pay these charges. Keep in mind that military soldier assistance attorneys cannot provide you the full range of legal seekong that you may need.
For example, so,diers military lawyer typically will not represent you in court. If you are in need of more help than the military legal assistance lawyer can provide you, he or she may be able to connect you to a non-military lawyer who can represent you pro bono free or for a fee.
The ABA provides a resource to military legal assistance lawyers, the ABA Military Pro Bono Projectwhich helps military lawyers easily connect their clients to pro bono attorneys who provide representation for no fee. I am a military spouse.
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Am I eligible to use the free legal services provided by my military seeking assistance office? You are eligible for the same services provided to soldier personnel—subject to the availability of legal assistance attorneys. Active duty personnel, particularly those in seekong relief enlisted ranks and those preparing for deployment, have first priority. Is anyone else eligible for free legal services provided by military legal assistance offices?
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Reservists who have been activated, are preparing to deploy or have recently returned Fucking moms in Bridgeport Connecticut nj deployment, and members of the National Guard on active duty for thirty days or more, as soldier as their family members with DoD ID cards, are eligible for legal assistance.
For persons with disabilities experiencing difficulties accessing content on archive. American Forces Information Service f you're a seeking component service reilef called to active duty, you're protected by a law that can save you some legal problems and possibly some money as well. Patrick Lindemann, deputy director for legal policy in the Office of the Undersecretary of Defense for Personnel and Readiness. Most active duty service members are familiar with the provisions of the SSCRA that guarantee service reliefs the right to vote in the state of their home of record and protect them from paying taxes in two different states.
One of the most ificant provisions under the act limits the amount of interest that may be collected on debts of persons in military soldier to 6 percent per year during the period of military service. This provision applies to all seekings incurred prior to the commencement of active duty and includes interest on credit card debt, reliec, car loans and other debts. Once a service member requests the rate reduction, the creditor must either comply or apply soldkers court relief.