SCRA Question

[ihatecollections]

Ok I had a car that got repossesed in 2008. I joined the service in 2009. The bank was awarded a hefty judgement and even though I have paid most of the balance off, the high state judgement intrest keeps adding up and up to where i am stuck in a horrible cycle. I am pretty sure I can claim the SCRA as to my knowledge their is no non military disclosure filed either. This is one of 3 things I have left to clean my reports. Granted they only report to TU, but it would be good to get it off.

[Fuerza]

I'm not a SME on this subject but just reading the first 2 sentences tells me that this was an issue you had before military service. I don't see how SCRA will apply to retroactive financial issues before voluntary military service. You need to contact military legal services to be 100% sure.

 

http://legalassistance.law.af.mil/content/locator.php

Edited February 17, 2013 by Fuerza

[PotO]

The SCRA applies to transactions prior to entering military service.

[Fuerza]

It starts at the time of activation. So he is still on the hook for the 12 months prior to joining up.

 

"The SCRA covers all Active Duty servicemembers, Reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty."

[PotO]

You are misreading it. Yes, it starts at the time you enter active service, but it covers pre-existing obligations. For example, prior to entering active duty you had credit card debt with Citi at 30%. Once you enter active duty that rate must drop.

 

Further, were you in default and Citi decide to sue you subsequent to entering active duty, they must affirm to the court you do not at that moment fall under the protection of the SCRA.

[creditlady1]

I know this is an old post but I have a question. I was under the impression that under SCRA that your household members are also covered to a degree under SCRA. Not just your spouse. - ie. siblings, parents

who are dependents. Being that the military member being one of the main providers for the household. Am I understanding this correctly? And if the answer is "YES" what documents are required for proof to afford protection under SCRA for dependents?

 

§515a. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act (a) Outreach to members The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). ( Time of provision The information required to be provided under subsection (a) to a member shall be provided at the following times: (1) During the initial orientation training of the member. (2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year. (3) At such other times as the Secretary concerned considers appropriate. © Outreach to dependents The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Service members Civil Relief Act.

[spapow]

I know this is an old post but I have a question. I was under the impression that under SCRA that your household members are also covered to a degree under SCRA. Not just your spouse. - ie. siblings, parents

who are dependents. Being that the military member being one of the main providers for the household. Am I understanding this correctly? And if the answer is "YES" what documents are required for proof to afford protection under SCRA for dependents?

 

§515a. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act (a) Outreach to members The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.). ( Time of provision The information required to be provided under subsection (a) to a member shall be provided at the following times: (1) During the initial orientation training of the member. (2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year. (3) At such other times as the Secretary concerned considers appropriate. © Outreach to dependents The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Service members Civil Relief Act.

 

Bumping this question because I was wondering about SCRA and dependents. A few years back I asked Cap1 via chat if I was able to receive a lower APR and have my AF waived due to SCRA-- and he/she stated I was not applicable. DH is active duty and we PCS every 3 or so years to another base. I would like to know where dependents fall in the §515a blurb.

[PotO]

I know dependents are covered, but I'm not sure to what extent and I've never bothered to really investigate. I've always been able to get lowered rates for my wife with AmEx, Chase, B of A, USAA and Navy Fed just by calling.

 

What's a dependent? IME, your siblings, patents or other relatives are never your dependent unless your service branch says they are by issuing them a dependent ID and they are enrolled in DEERS.. No ID? Not in DEERS? Pound sand.

 

Also, your unit might be different, but in mine when you go to S1 to add siblings or parents as dependents you can expect fierce resistance.

Edited May 26, 2016 by PotO

[spapow]

Hmmm. I think I'll need to give them a call instead of chatting online with a CS rep. I'll report back and post what their response was.

 

My DH has been active duty for 8 years and he hasn't paid attention about SCRA benefits and credit lenders. If there was a way for me to call his credit lenders on his behalf. I would call them in a heart beat. I'm sure he's tired of hearing me nag him about calling lol.

 

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Edited May 26, 2016 by spapow

[PotO]

Are they joint accounts or are you an authorized user?

[spapow]

I'm an authorized user only on our main card. Which is our Citi DC which we use heavily. We always PIF before the payment is due. I ask him to see of he's able to get a CLI since it's been open for 1.5 years. He's never attempted. But if I can call them, I'll let him know and see of he's okay with me asking these questions.

 

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[PotO]

Regarding limit increase, go to your online account. There's an option for credit limit increase. It usually says that they will not pull your credit. Every six months it's usually good for $2000 or so. If they are going to pull your credit, they clearly warn you first.

 

Regarding SCRA benefits, I think they waive annual fees, but then the Citi DC has no AF anyhow. I think the lower interest rate applies only when you PCS or are deployed.

[PotO]

Spapow, I spoke with my Staff Judge Advocate about SCRA protection for dependents and he shed quite a bit of light on the issue.

 

First of all, the SCRA section in question applies exclusively to the military member and, regarding dependents, only the service member's legal spouse, but only if the spouse is a joint account holder. If the account is in your name and not his, or if he is just an authorized user, the SCRA does not apply.

 

He went on to say that some lenders go above and beyond what is actually required. In my case, I think the fact that I'm an AU on my wife's accounts helped.

 

The SCRA clearly applies to your Citi DC. It would not apply to your CapOne, but if he is an AU you might have him call and give it a shot. If he's busy and doesn't have the time to call, why not write a letter?

[spapow]

PotO! Mahalo for finding the answer for me DH has tomorrow off so I'll have to persuade him to try with Citi. Thanks again friend!

[PotO]

PotO! Mahalo for finding the answer for me DH has tomorrow off so I'll have to persuade him to try with Citi. Thanks again friend!

Good luck! Please let us know how it went.

[spapow]

I called the Citi CS number for the SCRA unit and the process is easier than I expected. Since I was an authorized user I was able to set-up the SCRA application process for DH. They asked me to email the requested forms/orders (DD form 4/1 or 4/3, statement of enlistment, letter from recruiter or mobilization) to their Military orders email. The rep asked if we had any other Citi accounts to see if SCRA could be applied to those accounts as well. I just emailed them DH mobilization forms and now we wait around to see what Citi's reply is. I'll also post it here as well.

[PotO]

I called the Citi CS number for the SCRA unit and the process is easier than I expected. Since I was an authorized user I was able to set-up the SCRA application process for DH. They asked me to email the requested forms/orders (DD form 4/1 or 4/3, statement of enlistment, letter from recruiter or mobilization) to their Military orders email. The rep asked if we had any other Citi accounts to see if SCRA could be applied to those accounts as well. I just emailed them DH mobilization forms and now we wait around to see what Citi's reply is. I'll also post it here as well.

Great! Looks like everything is going to work out.

 

FYI, I've sometimes had creditors ask for ID card copy. Should you encounter that, tell them to kiss off. It's illegal to copy military ID or access passes. There are very limited exceptions, but absolutely none for creditors.

[spapow]

 

I called the Citi CS number for the SCRA unit and the process is easier than I expected. Since I was an authorized user I was able to set-up the SCRA application process for DH. They asked me to email the requested forms/orders (DD form 4/1 or 4/3, statement of enlistment, letter from recruiter or mobilization) to their Military orders email. The rep asked if we had any other Citi accounts to see if SCRA could be applied to those accounts as well. I just emailed them DH mobilization forms and now we wait around to see what Citi's reply is. I'll also post it here as well.

Great! Looks like everything is going to work out.

 

FYI, I've sometimes had creditors ask for ID card copy. Should you encounter that, tell them to kiss off. It's illegal to copy military ID or access passes. There are very limited exceptions, but absolutely none for creditors.

 

I was wondering if they would ask for our IDs. That's good to know, thanks!