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Servicemembers Civil Relief Act


The Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act) (codified at 50 U.S.C. §§ 3901—4043) is a United States federal law that protects soldiers, sailors, airmen, marines, coast guardsmen, commissioned officers in the Public Health Service and National Oceanic and Atmospheric Administration, from being sued while in active military service of their country and for up to a year after active duty, as well as U.S. citizens serving with allied military forces for the duration of a military conflict involving the United States.

Despite the act's official title dating it to 1940, its origins can be traced as far back as the Civil War when the United States Congress passed a total moratorium on civil actions brought against Union soldiers and sailors. In basic terms, this meant that any legal action involving a civil matter was put on hold until after the soldier or sailor returned from the war. Examples of civil matters included breach of contract, bankruptcy, foreclosure or divorce proceedings.

Congress' intent in passing the moratorium was to protect both national interests and those of servicemembers. First, Congress wanted servicemembers to be able to fight the war without having to worry about problems that might arise at home. Secondly, because most soldiers and sailors during the Civil War were not well paid, it was difficult for them to honor their pre-service debts, such as mortgage payments or other credit.

Congressional concern about protecting the rights of servicemembers was raised again during World War I when the Soldiers' and Sailors' Civil Relief Act of 1918 was passed. Like the Civil War-era moratorium, the 1918 legislation was designed to protect the rights of service members while they were serving in the war. Although the 1918 Act did not include a total moratorium on civil actions, it did protect service members from such things as repossession of property, bankruptcy, foreclosure or other such actions while they were in harm's way. The 1918 Act stayed in effect until shortly after World War I, when it expired.


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