Lenders have the ability to verify your active duty status...so why didn't they?

[DragonFlyer]

You have rights under the SCRA that protect you as a consumer. When a lender takes adverse action on an account, such as filing a judgment, repossess your vehicle, etc. they have the ability to see in real time your active duty status by visiting this site:

 

https://www.dmdc.osd.mil/scra/owa/home

 

If you are (or have been) active duty and your lender failed to take this important step to preserve your rights under the SCRA, you need to ask, "WHY DIDN'T THEY CHECK?"

 

Use it to your advantage.

[slayerbizkit]

How would you know if they did or did not check on your status?

[DragonFlyer]

How would you know if they did or did not check on your status?

 

Well, a few scenarios this may come up with would be:

 

A CA creates an "affidavit of debt" and either fails to mention that they verified if you are active duty...or...verified you are active duty and did not adhere to the SCRA laws during the collection process.

 

Or.

 

You are asserting your rights under the SCRA, and they still refuse to comply. They can't claim they "didn't know".

 

Or.

 

You find later that there was a judgment placed against you while you were active duty, but you never got served for the case. You would then file a motion to vacate, and point out they had available resources to see that you were protected under the SCRA and their claim is therefore barred.

 

Or.

 

Any number of reasons. The point is...if there is any adverse action taken that could NOT be taken, you can use that to fall back on.