Civil Relief Act Aids in Battles on Home Front
Soldiers on active duty in Operation Desert Storm have enough to worry about without thinking about their legal problems back home. But even for a soldier on the battlefield, civilian life goes on, dues and obligations pile up. Bills still have to be paid. Rent doesn’t go away. Credit card and mortgage payments don’t disappear. Perhaps there is even a lawsuit that wasn’t completely resolved.
This is not the first time soldiers have faced these dilemmas, and during World War I Congress took steps to ease the transition to active service when it adopted the Soldiers and Sailors Civil Relief Act, which provides protection for those on active duty.
The act applies to all military personnel and their dependents, but the impact of specific provisions may depend on income level. Here are some of the basic protections:
You or your dependents may be able to get out of a lease on your home or apartment if you entered into it before joining the military.
You may be able to get interest on loans reduced to 6% while you are on active duty.
You may be able to put on hold a civil lawsuit pending against you. If you are represented by counsel, you or your family should discuss this possibility.
If you owe money on an installment contract, the creditor may not be able to repossess the property if you don’t pay.
If you have missed mortgage payments, you may be able to prevent a foreclosure.
You may be able to extend the statute of limitations. That means if you had to file a legal claim within a certain time period, you may be able to extend that period until you return from active duty.
A veterans rights re-employment law protects the job and benefits of service members. Certain eligibility criteria apply.
Bar associations nationwide are spearheading efforts to educate family members of soldiers about their legal rights.
The Orange County Bar Assn., for example, provides a free clinic staffed by volunteer lawyers every Tuesday and Thursday from 6 to 8 p.m., ground-floor conference room, AT&T; building, 8001 Irvine Center Drive, Irvine. For more information, contact Ernest C. Brown at (714) 727-0559.
And the American Bar Assn. has published a fact sheet on the Soldiers and Sailors Relief Act and re-employment rights law. To receive it, send a self-addressed, stamped envelope to Sheree Swetlin, Legal Assistance for Military Personnel Committee, American Bar Assn., 750 Lake Shore Drive, Chicago, Ill. 60611.
The ABA fact sheet concludes with some good practical suggestions: Put all communications in writing. Make copies of everything you send. Send correspondence and papers by certified mail whenever possible. Leave all of your important original documents, wills, powers of attorneys and mortgages with a responsible person.
Klein is an attorney and assistant to the publisher of The Times. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about the law. Do not telephone. Write to Jeffrey S. Klein, Legal View, The Times, Times Mirror Square, Los Angeles 90053 .
