My ex-fiance is currently stationed in Iraq and has invoked the Servicemember's Civil Relief Act to get out of paying back money that he owes me.
From what I understand, this Act provides protection to servicemembers who sign contracts BEFORE they are deployed, and mainly to help them in a hardship situation so they don't get evicted or their homes don't go into foreclosure.
My ex signed a contract with me AFTER he had gotten his deployment papers; he paid 2 out of the 4 months on the contract; and is in no way in a hardship situation.
It's also my understanding that this Act doesn't absolve him of the debt, it just may delay his payment.
Am I on track on all of this? Does anyone know more about this or where I can find the legal verbiage on this?
I also don't know if it matters that he is Idaho Air Guard, and not a Marine. Any help in this would be greatly appreciated!
S/F
Stephanie
Stephanie Hanson
Daughter of KIA Corpsman Gary Norman Young
HMM-364
Civil Relief Act???
Stephanie,
Perhaps things have changed as to liability for debts contracted since my
service days.
But this Civil Relief Act doesn't sound like the "yellow brick road" to me.
I'd contact this young man's unit legal officer,his C.O.,& unit chaplain.Keep
copies of all correspondence to & from.
If push comes to shove,have your US senator or congressman contact JAG.
In my experience,a debt was a debt was a debt & woe be it to the fool that
didn't honor his contracts.They'd march you right on up to dispersing & yuo
WOULD make arrangements for allotment checks to resolve said debt.
My thoughts are,that this SCR Act probably works in much the same way the
bankruptcy laws,placing the burdon of proof on the debtor as to need or
cause.
LOL & hope I've helped some.Semper Fi
Michael Collins
Sgt.of Marines
1964/1968
S/F,Mike
TAKE NO PRISONERS.,SHOW NO MERCY.
DEATH SMILES AT EVERYONE...,MARINES SMILE BACK...
Help for you
Stephanie:
My recommendation is that you send a photo copy of the contract to one of your US Senators with an explanation of your problem. You will get a reply. If my USMC experience still holds true, the Senator's staff will investigate the law and forward a letter (message) to his Commanding Officer requesting the man do the right thing or suffer the consequences.
Sorry you're having this problem.
"Crazy Joe" Scholle
HMM-363
Steph,
has invoked the Servicemember's Civil Relief Act to get out of paying back money that he owes me.
Have you received any correspondence that he has invoked the SCRA?
If so I would expect it was approved by a court and they are who you would have to go to to challenge it.
If not I would suggest as a 1st step you contact the Idaho Air Guard 124th Wing Staff – 208 422-5322 ask to talk to legal. Realistically and from my experience, fortunately or unfortunately, the command will probably only contact the scumbag and "suggest" he pays his debts. What I expect is they will tell you is that they cannot force him to pay and you would have to get a court judgement to have them garnish his pay.
As Crazy Joe suggests an option is getting a senator/congressman involved. Again I would expect he/she would contact the command and the response will be that they contacted the scumbag, but have no powewr to make him pay.
Pulled below from this website- debts can be deffered by a court, not erased.
http://usmilitary.about.com/library/milinfo/marineenjobs/aa111201a.htm
[Enforcement of Obligations, Liabilities, Taxes
A service member or dependent may, at any time during his/her military service, or within 6 months thereafter, apply to a court for relief of any obligation or liability incurred by the service member or dependent prior to active duty or in respect to any tax or assessment whether falling during or prior to the service member’s active military service. The court may grant stays of enforcement during which time no fine or penalty can accrue.
I think you're in the right, however I'd expect a delay in getting paid.
Hopefully someone with a law degree will chime in.