Description This report discusses the Servicemembers Civil Relief Act, which seeks to provide for, strengthen, and expedite the national defense by protecting servicemembers, enabling them to "devote their entire energy to the defense needs of the Nation. Physical Description 13 pages.
Who People and organizations associated with either the creation of this report or its content. Author Mason, R.
Private Cause of Action Under SCRA
Chuck Legislative Attorney. Publisher Library of Congress.
Congressional Research Service. Place of Publication: Washington D.
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About Browse this Partner. What Descriptive information to help identify this report. Language English. Item Type Report. Identifier Unique identifying numbers for this report in the Digital Library or other systems.
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Where Geographical information about where this report originated or about its content. These U. Supreme Court cases, decided during and after World War II, set forth the legal understanding of this law. Recently, the U. The settlement covers the repossessions of 75 cars that occurred between and and that federal officials say were done without the proper court orders.
The deal resolves allegations that HSBC violated the Service Members Civil Relief Act, which is designed to safeguard the legal rights of people in the military and provides protection against auto repossessions.
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Under the law, judges are supposed to review and approve an auto repossession in instances when a service member took out a loan on a car and made a payment on it before entering military service. Judges can also delay the transaction or appoint a lawyer to represent the military service member.
But the federal government says HSBC sidestepped the law by failing to obtain court orders before repossessing the cars. I do recommend to our military service members that, if you are planning on utilizing this law, please do everything in writing to the affected party when you invoke this law on your behalf.
What I mean by that is to write detailed written correspondence that you send by certified mail, return receipt requested telling the affected party what portion of the law you are invoking and why you are able to do so. Make sure to keep detailed notes and to keep a copy of everything you send and receive and all the proof of receipt of the documents as well. That way, if you face an issue down the road, you will have easy proof to show that you instructed the affected party on the front end about your military status.
Related The Servicemembers Civil Relief Act (SCRA): Does It Provide for a Private Cause of Action?
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