In Search of the Uniform: Praises, Problems, and the Quest for Consistency Within the Servicemembers' Civil Relief Act

51 Pages Posted: 29 Dec 2016

Date Written: December 28, 2016

Abstract

The Servicemembers' Civil Relief Act (SCRA) is perhaps the most powerful collection of statutes affecting the consumer protection rights of Servicemembers, Veterans, and their families. Passed with the purpose of allowing individuals serving in the Armed Forces to focus on their dangerous tasks without unnecessarily worrying about civil obligations at home, caselaw affirms that Congress intended a "liberal interpretation" of these protections in favor of America's men and women in the military.

At the same time, however, the SCRA is not a "get out of debt free card" for military members and their dependents. Rather, these laws need to strike an appropriate balance between honoring the particular demands and responsibilities of military service and respecting the important needs of creditors and other plaintiffs seeking timely resolution of civil disputes.

In certain sections, the present-day SCRA suffers from a lack of clarity, consistency, and adherence to this law’s underlying ideals. Highlighting these areas where the SCRA lacks uniformity — both among its own various provisions and in relation to the ultimate goals of this law — and proposing some potential solutions for these problematic provisions, is this article's focus.

Keywords: Servicemembers' Civil Relief Act, debtor, creditor, consumer protection, SCRA, finance, banks, loan, repay, forgiveness

Suggested Citation

Pomerance, Benjamin, In Search of the Uniform: Praises, Problems, and the Quest for Consistency Within the Servicemembers' Civil Relief Act (December 28, 2016). Ohio North University Law Review, Vol. 42, 2016. Available at SSRN: https://ssrn.com/abstract=2891175

Benjamin Pomerance (Contact Author)

Independent ( email )

United States

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