Rights of Military Service Members in Civilian Courts: A Guide to Legal Protections and the SCRA

Serving in the military entails living under a different set of regulations and a different legal system. However, a service member may find themselves in a convoluted and perplexing legal gray area, torn between two different worlds, when they are sued or charged with a crime in a civilian court. When deployed or stationed far from home, the possibility of being the target of a criminal charge or a civilian lawsuit can cause a great deal of stress and anxiety. Thankfully, you have some protection. Service members have a strong legal defense in civilian courts under federal law. Anyone navigating this challenging situation must have a thorough understanding of these protections, how to assert them, and the particular legal challenges faced by service members.

The Foundation of Your Rights: The Servicemembers Civil Relief Act (SCRA)

There are two parts to the American legal system: the military justice system (also known as the Uniform Code of Military Justice, or UCMJ) and the civilian court system. The Servicemembers Civil Relief Act (SCRA) is the main federal law that offers a legal defense when a service member is sued in a civilian court. The SCRA is a law that was created to help service members who are called to active duty with their financial and legal obligations.

Although the SCRA offers many protections, it is not intended to give service members legal immunity. It is intended to give them access to a fair legal system, shield them from a default judgment while they are serving, and free them from worrying about their financial or legal status back home so they can concentrate on their military responsibilities.

The SCRA and Its Protections: A Detailed Look

Service members are afforded numerous protections in civilian courts under the SCRA. To assert your rights, you must be aware of these protections.

  • Stay of Proceedings. A service member may request a "stay" of a court case under the SCRA. A stay is a brief interruption of a court proceeding. If a service member finds it difficult to appear in court due to their military obligations, they may request a stay. If a court determines that a service member's military service has a material impact on their ability to participate in the case, it will typically grant a stay of the legal proceedings.

  • Default Judgments. One essential defense against a default judgment is offered by the SCRA. A judgment entered against an individual who fails to reply to a lawsuit is known as a default judgment. Without first assigning a lawyer to represent them, a civilian court cannot issue a default judgment against a deployed service member. This is an essential safeguard that guarantees the rights of a service member are upheld during deployment.

  • Termination of Leases. If a service member receives a permanent change of station order or is called to active duty, the SCRA may permit them to end their lease. A service member can relocate without incurring a financial penalty thanks to this important protection.

  • Interest Rate Caps. Interest rates on pre-service loans may be capped by the SCRA at 6%. For a service member called to active duty, this is an essential source of financial security.

Navigating the Civilian Legal System: A Step-by-Step Guide

Your immediate response and any further actions you take can have a big impact on your rights if you are a service member who is being sued in a civilian court.

  1. Do Not Ignore the Legal Issue. The first thing to do is to pay attention to any legal notice or summons. Military regulations do not govern a civilian court. A default judgment may be entered against an individual who disregards a summons.

  2. Notify Your Chain of Command. A service member ought to inform their superiors. The military can offer support and legal aid.

  3. Get a Civilian Attorney. It is impossible to negotiate with a civilian lawyer who is familiar with military life. A civilian lawyer can represent you in court and help you understand your rights under the SCRA.

  4. The Role of the Judge Advocate General (JAG). The military's legal system is called the JAG. While a JAG lawyer can help service members with their legal needs, they cannot represent a civilian lawyer in a civilian court. A JAG lawyer is not permitted to represent a service member in a civilian court, but they are permitted to offer legal advice.

FAQ: Your Questions About Service Members' Rights Answered

Q: Does the SCRA apply to me if I'm not on active duty?

A: The protections provided by the SCRA are applicable to active duty service members, but they may also occasionally be extended to non-active duty service members.

Q: What's the difference between a JAG attorney and a civilian attorney?

A: A JAG lawyer is a military lawyer who helps service members with their legal needs. A lawyer licensed to practice law in a civilian court is known as a civilian attorney.

Q: Can I be sued while I'm deployed?

A: You can, indeed. Although the SCRA can "stay" a court case, it doesn't stop someone from suing you.

Q: What if I'm a dependent of a service member?

A: Dependents of service members are eligible for the SCRA's protections, although they are not as extensive as those afforded to service members.

Q: What if a civilian court issues a warrant for my arrest?

A: A civilian law enforcement agency may arrest you, and a civilian court may issue an arrest warrant. Civilian law applies when a service member is taken into custody by a civilian law enforcement organization.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The Servicemembers Civil Relief Act, the Uniform Code of Military Justice, and the laws that govern a service member in a civilian court are complex and vary significantly. This information should not be used as a substitute for professional legal guidance. For personalized advice, it is imperative to consult with a qualified attorney.

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