Many of the debt-related provisions of the SCRA require proof that the servicemember’s ability to pay is “materially affected” by his or her service. What does “materially affected” mean? For example, if you are a Reservist who had a civilian job and have been called to active duty, and your active duty pay is less than that of your civilian job, your ability to pay is “materially affected.” You may be required to provide both prior and current financial information in order for this to apply. In some cases, courts look for patterns. If, for example, you became delinquent on your car payments once your active duty service began, that’s an indication that your service affected your ability to pay. If, however, you were already behind on your payments when you entered active duty service, a court may determine that active duty wasn’t the root cause.
If you’ve had your property repossessed, have been unable to get your interest rates lowered to 6%, have been hounded by debt collectors, or have had a default judgment entered against you while on active duty in the military, complete the form to the right for a FREE evaluation, or call toll-free 855-301-8100. The legal team at Lemberg & Associates is committed to fighting for your rights under the Servicemembers Civil Relief Act and under other applicable laws.
