If your judgment debtor is in the military, you may be thinking you’ve hit a wall with judgment enforcement efforts. That is not necessarily true.
There are laws protecting the civil interests of those with active duty military status; and those laws are necessary to provide those fighting for our freedoms, the freedom from having to worry about their civil interests at home. The Servicemembers Civil Relief Act (SCRA) outlines those civil protections.
This blog post is intended to bring to light the rights of both the judgment debtor and creditor when one or more judgment debtors is active duty military as governed by the SCRA.
The Servicemembers Civil Relief Act protects active duty military personnel from certain civil actions during a time in which their military service may interfere with their ability to actively defend themselves in civil court. For example, if a defendant does not respond to a complaint filed against him in court, before entering a default judgment the court requires the plaintiff file an affidavit attesting to the defendant’s military status. If the defendant is determined to be in the military, an attorney must be appointed to represent the defendant. If the appointed attorney is unable to contact the defendant, the court will most likely enter a stay, putting the ruling of the default judgment on the back burner.
Some of the actions the SCRA may cause to be temporarily suspended or rendered void:
- Any judgment or order against the servicemember
- Wage and bank garnishments
- Attachments on property
- Property seizure
So what are the options for the judgment creditor?
If you are a judgment creditor in this situation, where one or more of the defendants is an active servicemember, you still have many rights. First and foremost, all of the judgment enforcement actions listed above, that have the potential of being stayed or vacated, will only be suspended if it is determined by the court that the defendant was ‘materially affected’ by his/her military service. So what does that mean? Essentially, a judgment creditor can pursue any judgment enforcement action against the defendant and it is in the court’s hands to decide if the defendant’s military service plays such a huge factor in his/her ability to handle civil matters that actions should be put aside. So if the defendant is deployed overseas, there is a good chance the judgment enforcement action will be suspended by the court until the defendant is home and able to handle his/her civil matters. However, if the military servicemember is stationed in the USA, lives in the suburbs and essentially works a nine to five, the court is more likely to decide he/she is not materially affected by military service, allowing the judgment creditor to pursue judgment enforcement actions.
If you have multiple defendants listed on your judgment, and one or more is not a military servicemember, you also have the ability to pursue judgment recovery efforts on the other defendants (as long as they are not a dependent of the active duty military servicemember that is determined to be materially affected by his/her military service).
In addition, the statute of limitations for all judgments and court orders is suspended during the active military status of a defendant. So as a judgment creditor, you can rest assured that the clock isn’t ticking away on your ability to collect the debt at a later time.
If you are a judgment creditor affected by the SCRA and have more questions, please contact us for more information by calling (877) 879-9880 or by filling out our online contact form. We would be happy to address your concerns and come up with a judgment recovery plan that works for you.
Disclaimer: The information, opinions and materials contained in this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information, opinions and materials contained in this blog may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. The information, opinions and materials contained in this blog are not intended to substitute or refute legal advice given by a licensed attorney. You should not act upon information, opinions or materials contained in this blog without seeking advice from a licensed attorney in your own state or jurisdiction. Laws change frequently and vary in different locations. If you require legal advice, please consult with a licensed professional attorney in your state or jurisdiction.
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