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If that office cannot resolve the complaint, it may choose to forward the complaint to the Department.
The Department then will review the matter to determine whether action by the United States is appropriate. The SCRA provides a wide range of benefits and protections to those in military service.
Military service is defined under the SCRA as including: Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. For most servicemembers, SCRA protections begin on the date they enter active duty military service. For military reservists, protections begin upon the receipt of certain military orders. For questions involving areas of the SCRA not addressed below, please feel free to contact us.
Benefit and Protection No. The SCRA limits the amount of interest that may be charged on certain financial obligations that were incurred prior to military service to no more than six percent per year, including most fees. In order to have the interest rate on a financial obligation such as a credit card or a mortgage capped at six percent per year, a servicemember must provide the creditor with a copy of his or her military orders and a written notice. In response, a creditor must forgive — not defer — interest greater than six percent per year.
The Servicemembers Civil Relief Act (SCRA)
The creditor must forgive this interest retroactively. The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a six percent interest rate cap. For mortgages, interest is capped at six percent during the entire period of military service and for one year after the period of military service. For all other obligations, interest is capped at six percent only for the duration of the period of military service.
John Doe takes out a mortgage and then enters military service. Captain John Doe is in military service continuously for 20 years. Captain Doe provides his creditor with a written notice and a copy of all of his military orders. The creditor must forgive the entire 20 years of interest that was at a rate greater than six percent — inclusive of fees — and an additional year of interest going forward. See, generally, 50 U.
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The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: John Doe takes out five private student loans prior to entering into military service. After entering military service, Servicemember Doe consolidates his five loans into one loan.
He sends in a written notice and a copy of his military orders.
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