Service Personnel Called Up For Duty Get Additional Protections

    Most Americans don't realize that all active duty military personnel -- including the National Guard, members of the Reserves, the Coast Guard and officers of the Public Health Service and the National Oceanic and Atmospheric Administration -- are protected from many civil actions during their active duty service. From the payment of property taxes to divorce actions, the Soldiers' and Sailors' Civil Relief Act protects active duty military from legal action involving many civil matters.

    Congress first passed such legislation during the Civil War when it enacted a total moratorium on all civil actions brought against Union soldiers or sailors. That meant that any legal action involving a soldier or sailor was put on hold until after the individual returned from the war.

    In passing the legislation, Congress wanted members of the military to be able to fight the war without having to worry about the problems that might arise back home. Congress also understood that most soldiers or sailors were not well paid and it might have been difficult for them to honor pre-service debts.

    During World War I, the Soldiers' and Sailors' Civil Relief Act was revived. In 1918, the law did not include a total moratorium on civil actions, but it did protect service members from such things as repossession of property, bankruptcy, foreclosure or other such actions while they were in harm's way. The statute expired after World War I.

    The present law was enacted in 1940 and is essentially the same as in World War I. The major difference between it and the earlier version is that there is no provision for the law to expire. Thus, since 1940, service members have received uninterrupted coverage.

    It's important to note that many service members may not even be aware of the law because many of its protections are already embedded in the way federal and state governments and the courts deal with the special status of military personnel.

    However, there are several protections for which service members must directly apply. They include:

  • Having credit cards and mortgage interest rates lowered to a fixed 6% rate. To obtain this lower rate, service members must show that their military income is less than their pre-service income, materially affecting their ability to meet their financial obligations. Upon completion of active duty, the service member is required to notify their creditor or lender about their change of status. 
  • Overall protection in civil proceedings. Service members must show that because of their military responsibilities they cannot be properly represented in court. They can request a delay in the case until proper representation is possible.

    There are currently more than 21,000 Marylanders on active duty assignments. Nationally, more than 35,000 Reservists have been called up to active duty. The Department of Defense advises service members who encounter legal problems and who believe they may qualify for protections under the law to contact their unit or installation legal assistance office.

    This package of protections for active duty military personnel is one of the most comprehensive and enduring protections that Congress has ever enacted. It allows the men and women in the armed services to serve without worrying about many civil matters while on active duty. At the same time, we as a nation can demonstrate our appreciation for those who risk their lives to protect us.