You might want to do some reading on the links I've provided.
I've listed a portion of it, you should really read through the rest.
Stay safe over there
23 June 2005
MEMORANDUM FROM THE OFFICE OF THE SECRETARY OF THE ARMY
Recently, it has come to the attention of the Secretary of the Army that some deployed Soldiers may have been threatened by creditors concerning debts the Soldiers owed. It is important for deployed Soldiers and their leaders to understand there are appropriate protections available to Soldiers.
Two laws provide a wide range of protections for Servicemembers. The Servicemembers Civil Relief Act (SCRA) addresses civil judicial and administrative proceedings, interest rates on pre-service credit cards and mortgages, eviction, mortgage foreclosure, and residential and automobile rental
agreements. The Uniformed Services Employment and Reemployment Rights
Act (USERRA) protects the right of Servicemembers to return to their pre-service civilian jobs. Soldiers and family members requiring more information about these laws can contact their local Legal Assistance Office or refer to our Legal Services portal.
Servicemembers Civil Relief Act
The SCRA is a complete revision of the old Soldiers? and Sailors? Civil Relief Act.
The SCRA provides protection to Active Duty, US Army Reserve, and members of the National Guard called to active duty for 30 days or more, pursuant to a contingency mission specified by the President or the Secretary of Defense.
Some provisions of the SCRA only apply to obligations incurred prior to entry on active duty and thus may be more applicable to Reserve Component Servicemembers. In part, the SCRA:
(1) Allows a Servicemember to stay court hearings or administrative hearings if they are unable to appear due to their military service.
(2) Allows a Servicemember to reduce the interest rate on pre-service loans and obligations to 6% per year, if military service materially affects his/her ability to pay the debt. The Servicemember must request this reduction in writing and include a copy of his/her orders.
(3) Requires a court order before evicting Servicemembers or their families from premises for which the monthly rent does not exceed $2,534.32 for the year 2005. This rental ceiling is adjusted annually for inflation.
(4) Requires a court order before foreclosure on property purchased by a Servicemember prior to entry on active duty.
(5) Allows a Servicemember to terminate real property leases if: ordered to active duty, in receipt of permanent change of station (PCS) orders, or ordered to deploy for at least 90 days.
(6) Allows a Servicemember to terminate automobile leases. Pre-service automobile leases may be cancelled if the Servicemember receives orders to active duty for a period of 180 days or more. Automobile leases entered into while the servicemember is on active duty may be terminated if the Servicemember receives PCS orders to an overseas location or deployment orders for a period of 180 days or more Soldiers or family members should contact their local Legal Assistance Office for help in protecting their rights under the SCRA.
Uniformed Services Employment and Reemployment Rights Act
USERRA applies primarily to Reserve Component Soldiers (Reserve and National Guard). It ensures that members of the Uniformed Services are entitled to prompt return to their civilian employment upon completion of their service.
Servicemembers should be reinstated with the seniority, status, and rate of pay they would have obtained had they remained continuously employed by their civilian employer. The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the
Uniformed Services. USERRA requires that a person who intends to invoke these reemployment benefits must provide advance written or verbal notice of the forthcoming military service to the employer. USERRA sets time limits for invoking the reemployment rights based on the length of the period of active service. The returning Servicemember is entitled to immediate reinstatement of health insurance for the member and previously covered family members, with no waiting period and no exclusion of preexisting conditions, except conditions
determined by the Government to be service-connected.
The National Committee for Employer Support of the Guard and Reserve
(ESGR) is the primary DoD organization to help Servicemembers protect their rights under USERRA. Soldiers should contact ESGR for help in protecting their rights under the USERRA. ESGR?s Ombudsman Services addresses questions
about the law, problems with individual supervisors or employers, and inquiries about specific personnel practices. They will attempt to resolve employeremployee conflicts involving military service. Additional information about USERRA and contact information for ESGR is available from their website at:
http://esgr.org/.
Soldiers or family members should contact their local Legal Assistance Office for help in protecting their rights under the USERRA.
2006-09-09 07:45:55
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answer #1
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answered by echo 7
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Echo has great info. In short talk to your bank or credit union. Legally they have to lower all loan rates to 6%
2006-09-09 23:24:31
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answer #2
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answered by Bob 2
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