SCRA Benefits: What the Servicemembers Civil Relief Act Protects and How to Use It

Who the law covers

The SCRA defines "military service" in 50 U.S.C. 3911. In plain terms, you are covered while you are:

• On active duty in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard.
• A Reserve or National Guard member called to active duty under federal (Title 10) orders.
• A National Guard member called by the President or Secretary of Defense for more than 30 days in a row under Title 32, section 502(f), to respond to a national emergency with federal funds. State active duty paid by your governor does not count.
• A commissioned officer of the Public Health Service or NOAA on active service.

Coverage also counts time away from duty for sickness, wounds, or leave. Your period of service runs from the day you enter active duty until the day you are released. For Reserve and Guard members, some protections begin when you receive your orders, before you actually report, so send notices as soon as you have orders in hand.

A "dependent" under the law means your spouse, your child, or anyone you provided more than half the support for during the 180 days before you ask for relief. Dependents get some protections directly, such as eviction protection for a home they live in, and others flow through the servicemember's rights. A person holding your power of attorney can often act for you, which helps a great deal during deployment.

SCRA benefits at a glance

This table lists the main protections, the section of law that creates each one, and how long it lasts. Use the section number when you write to a lender or speak with a legal assistance attorney.

The 6 percent interest rate cap

The best-known of all SCRA benefits is the interest cap in 50 U.S.C. 3937. Any debt you took on before active duty, alone or jointly with your spouse, cannot charge more than 6 percent a year while you serve. That includes credit cards, car loans, personal and installment loans, title loans, mortgages, and student loans, as the CFPB SCRA guide explains.

Three details matter more than people expect:

• The extra interest is forgiven, not delayed. The lender must lower your monthly payment by the forgiven amount and cannot add it back after you leave service.
• It reaches back. Once the lender gets your notice, the cap applies from the date you were called to active duty, so you may receive a refund or credit for months already paid.
• Mortgages get an extra year. For a mortgage or similar secured home debt, the 6 percent rate lasts through service and one year after. For other debts, it lasts only while you serve.

How to request the cap

1. List every loan and card you opened before your active-duty start date.
2. Write each lender a short letter or use its online military benefits form. Say you are requesting the SCRA interest rate limit under 50 U.S.C. 3937.
3. Attach a copy of your orders, or a letter from your commanding officer showing your start date.
4. Send it while on active duty or no later than 180 days after you are released. Keep a dated copy and a delivery receipt.
5. Check your next two statements to confirm the new rate and any credit for back interest.

A lender can ask a court to deny the cap, but it must show your ability to pay the higher rate was not materially affected by your service. Lenders may still charge late fees and report missed payments, so keep paying while you wait. Debts taken out after you entered active duty are not covered by the SCRA cap; for those, the separate Military Lending Act limits many consumer loans to a 36 percent Military Annual Percentage Rate, according to Military OneSource.

Federal student loans and the cap

Federal student loans are handled a little differently from cards and car loans. Federal loan servicers check the Defense Manpower Data Center records on their own. For example, the federal servicer Aidvantage says it checks DMDC and applies the 6 percent limit to eligible loans taken out before active duty. If your dates are wrong or the rate did not drop, you send your servicer a copy of your orders or ask through your online account.

Federal Direct Loan borrowers serving in hostile areas may also qualify for a separate benefit: no interest charged for up to 60 months during qualifying duty, for Direct Loans first paid out on or after October 1, 2008. That one is not automatic; you request it with your orders or a Leave and Earnings Statement. Private student loans follow the general SCRA rule, so write to the private lender as described above. You can review all federal options on the StudentAid.gov military page.

Foreclosure protection on a pre-service mortgage

If you took out a mortgage before entering active duty and still owe on it, 50 U.S.C. 3953 says a sale, foreclosure, or seizure of that property is invalid during your service or within one year after it unless a court approves it first. A court can also pause the case or adjust the loan when service has hurt your ability to pay.

Older guides sometimes say nine months. That was the rule in 2008. Congress changed it to one year in 2012, and a 2018 law removed the expiration date, so one year is the current rule. A lender who knowingly forecloses in violation of the law can face a fine and up to one year in jail.

This shield does not erase the debt. Missed payments still add up. If you are behind, call your servicer, ask about SCRA and forbearance options together, and see a legal assistance attorney. Our guide to foreclosure assistance for veterans covers VA loan help once you leave service.

Eviction protection for renters

Under 50 U.S.C. 3951, a landlord cannot evict a servicemember or the servicemember's dependents from their home during military service without a court order. This protection applies only when the monthly rent is at or below a ceiling that the Defense Department adjusts each year for housing inflation. The original 2003 figure was $2,400. The Department of Defense set the 2026 ceiling at $10,542.60 a month, effective January 1, 2026, in a Federal Register notice published March 10, 2026. The 2025 figure was $10,239.63.

If your service materially affects your ability to pay rent, the judge must, on request, pause the eviction case for 90 days (or a different period if fairness requires) or adjust the lease terms. The court can also give the landlord fair relief, such as ordering part of your pay to go toward rent. Your family can make the request for you while you are away.

This is not a rent waiver. You still owe the rent. The protection buys time and keeps the process in front of a judge. Bring your orders to any court date, or ask your legal assistance office to contact the court.

Ending a home or car lease early

50 U.S.C. 3955 lets you end certain leases without an early termination fee. The rules for homes and vehicles differ, so check which column fits you.

Example: your rent is due on the 1st. You deliver notice and orders on March 10. The next rent date is April 1, so the lease ends 30 days later, around May 1. You pay rent for March and April. Any rent you prepaid past the end date must come back within 30 days.

A spouse or dependent can end the home lease within one year if the servicemember dies in service. Similar rights apply after a catastrophic injury or illness. Ending the lease also releases a dependent who signed it with you.

Court cases, default judgments, and stays

Two sections keep you from losing a civil case simply because duty kept you away.

If you never got notice of the case

50 U.S.C. 3931 requires anyone asking for a default judgment to file a sworn statement saying whether the defendant is in the military. If you are serving, the court must appoint a lawyer for you before it rules, and must pause the case at least 90 days if you may have a defense. If a default judgment is entered while you serve, or within 60 days after, you can ask the court to reopen it within 90 days after leaving service, if duty hurt your defense and you have a real defense.

If you know about the case

50 U.S.C. 3932 lets you ask for a stay of at least 90 days in civil cases, including divorce, custody, and debt suits, while on active duty or within 90 days after. Your request needs a letter explaining how duty affects your ability to appear and when you can appear, plus a letter from your commanding officer saying leave is not authorized. Asking for a stay does not waive your defenses. You can request more time later; if the judge says no, the court must appoint a lawyer. Criminal cases are not covered.

Installment contracts and repossession

If you signed a contract to buy or lease property, such as a car, furniture, or appliances, and paid a deposit or installment before entering service, 50 U.S.C. 3952 says the seller cannot cancel the contract or repossess the item during your service without a court order. Knowingly repossessing in violation of this rule is a misdemeanor.

A judge may order the seller to refund part of what you paid before allowing repossession, pause the case, or work out another fair plan. Vehicle repossessions are one of the case types the Justice Department lists in its SCRA enforcement work, so if a tow truck shows up while you are deployed, contact your legal assistance office right away.

Phone, internet, and other service contracts

50 U.S.C. 3956 lets you end cell phone, home phone, internet, cable or satellite TV, gym, and home security contracts with no early termination fee. It applies when you signed the contract before receiving orders to relocate for at least 90 days to a place where the service is not supported.

• Send written or electronic notice, a copy of your orders, and the date you want service to end.
• Return any company equipment, such as a modem or cable box, within 10 days of disconnection.
• You still owe taxes and charges that were due before the end date.
• Prepaid fees for service after the end date must be refunded within 60 days.
• On a family cell plan, the account holder can drop your line. All lines can be dropped only if everyone on the plan moves with you.

Taxes, residency, and military spouses

Under 50 U.S.C. 4001, being stationed in a state on orders does not make you a resident there for tax purposes. A state where you are not a legal resident cannot tax your military pay as income earned there. Your personal property, like a car, is generally treated as located in your home state.

Military spouses got matching protections through the Military Spouses Residency Relief Act and later amendments. A spouse who is in a state only to live with the servicemember keeps their own residence for tax purposes. Since 2018, a married couple can choose to use the servicemember's residence, the spouse's residence, or the servicemember's permanent duty station for any tax year of the marriage. Rules for filing differ by state, so check with a base tax center or your state revenue office.

If duty makes it hard to pay income tax due before or during service, 50 U.S.C. 3991 allows you to defer payment without added interest or penalty while service materially affects your ability to pay. Ask a legal assistance or tax attorney before relying on this.

Life and professional insurance

Military OneSource explains that commercial life insurers cannot cancel a covered policy or raise premiums because you are serving, and cannot limit coverage for activities your service requires. Normal age-based increases on term policies still apply.

Doctors, nurses, lawyers, and other professionals called to active duty can ask in writing to suspend professional liability (malpractice) insurance. No premiums are owed during the suspension, and you must ask for reinstatement within 30 days after release. The SCRA also has rules for getting back health coverage you had before service, so ask your insurer about reinstatement when you return, and check with a legal assistance attorney if there is a problem.

Proving your active-duty status

The DMDC SCRA website is the official place where lenders, landlords, courts, and you can check whether someone is on active duty and the dates of service. It is free and produces a status certificate. Many lenders check it on their own, but do not count on that; your orders are still the strongest proof.

Keep these papers handy, both in a folder at home and as scans on your phone:

• Your current orders, plus any amendments or extensions.
• A commanding officer's letter if your orders are not yet available.
• Separation or retirement orders (such as a DD-214) once you leave, since some deadlines run from your release date.
• A signed power of attorney, so a spouse or trusted person can send notices for you.
• Copies of every letter you send, with delivery receipts.

A quick tip: never sign a waiver of SCRA rights without legal advice. A waiver is valid only if it is in writing and signed during or after service, not before.

What if a lender or landlord refuses?

Many problems clear up once the right department sees your orders. Ask for the company's military or SCRA team by name. If that does not work, use these free options in order:

1. Military legal assistance office. Attorneys at your base can write to the company, explain the law, and help with court papers at no cost. Find the nearest office with the Armed Forces Legal Assistance locator. Military OneSource (800-342-9647) can also connect you.
2. U.S. Department of Justice. The DOJ servicemembers initiative enforces the SCRA. It asks people to start with a legal assistance office. If you are not eligible for legal assistance, you can ask DOJ to review your claim through the Civil Rights Division reporting portal. DOJ says it cannot investigate every complaint or act as your personal lawyer.
3. Consumer Financial Protection Bureau. For banks, card companies, mortgage and auto lenders, and student loan servicers, file a CFPB complaint online or call (855) 411-2372. The CFPB's Office of Servicemember Affairs tracks military complaints, and the company is expected to respond.

Keep a log of every call: date, name, and what was said. That record helps any attorney or agency act faster. Watch for scams too; the federal VSAFE site explains fraud aimed at military families. For a wider look at money help while serving, see our guide to debt relief for military members.

Do veterans still get SCRA protection?

Mostly, no. The SCRA protects people during active military service. Once you are released, most SCRA benefits stop. A few rights run for a short time after service:

• You have 180 days after release to ask for the 6 percent cap on debts from active duty you already served.
• The 6 percent mortgage rate and the foreclosure shield last one year after service.
• You can ask for a stay in a civil case up to 90 days after service, and can ask to reopen a default judgment within 90 days.

After that, veterans rely on other programs. The VA offers help for veterans with VA-backed home loans who fall behind, disability compensation, and job and education benefits, all free to apply for at VA.gov. Our guides to debt relief for veterans and to pay timing during a government shutdown and military retirement pay cover more options for those who have left active duty.

Related guides

• Debt relief for military
• Foreclosure assistance for veterans
• Veteran debt assistance
• Government shutdown and military retirement pay

Frequently asked questions

This guide is general information, not legal advice. For your situation, talk with a military legal assistance attorney. National Relief Program is an independent website and is not affiliated with the Department of Defense, the Department of Justice, the CFPB, the VA, or any government agency.