Legal Office helps with SCRA violations

  • Published
  • 8th Fighter Wing Legal Office
KUNSAN AIR BASE, Republic of Korea --  The Servicemembers Civil Relief Act was enacted by Congress to ensure certain protections for servicemembers so they can focus on their military mission.

When banks, landlords and others interfere with that military mission by failing to honor the protections the SCRA provides our servicemembers, there can be significant consequences for those institutions ... and significant rewards for our troops.

Capital One has agreed to pay about $12 million for various SCRA violations. An Airman sought assistance from a base legal office after the bank refused to reduce his interest rate to the legally required 6 percent on his pre-service debt. When Capital One continued to defy the law, his legal assistance Judge Advocate General formally petitioned the Department of Justice to take up the matter. After an investigation that revealed extensive violations, the DOJ sued the bank.

The bank agreed to pay $125,000 plus lost equity and interest for each unlawful foreclosure and $10,000 plus lost equity and interest for each unlawful vehicle repossession. It also set aside $5 million to compensate members who did not receive the appropriate benefits on their loans and credit cards.

Most legal assistance visits don't have the wide-ranging impact of the Capital One case, where helping one Airman financially benefited many more.

Still, the SCRA provides for a private right of action, allowing servicemembers to sue those parties who violate their SCRA rights. In addition to foreclosure and interest rate protections, the SCRA permits servicemembers to terminate residential leases early to comply with military orders and provides protection against eviction, among other things.

The 8th Fighter Wing Judge Advocate can assist servicemembers and their families with personal civil matters dealing with the SCRA and many other topics.

If you have any questions about the Capital One settlement, the SCRA, or anything else related to legal assistance, please contact 782-4283 for a legal assistance appointment.