SCRA State Laws: Comprehensive Guide for Legal Compliance

The Servicemembers Civil Relief Act (SCRA) may be a federal law, but some states have modifications that affect service members who reside in their area. The SCRA provides legal and financial protections to active duty service members from specific court orders, default judgments, and judicial proceedings. This federal law also protects people rendering military service from situations that may affect their work, such as eviction, foreclosure, court cases, loans, life insurance payments, interest rate caps, and more. 

Since the SCRA was enacted in 2003, it has undergone several revisions. One of the latest revisions was passed in January 2023. This enhanced service members’ contract termination to include gym memberships, fitness programs, and home security services.

However, federal protections aren’t the only ones enhanced in the past few years. Many states have gone above and beyond to write additional protections into law. Attorneys, litigants, lenders, and landlords should be aware of these provisions since they could tremendously affect their businesses.

To help them better serve active-duty service members, we’ve compiled a list of each state’s SCRA laws, including state-specific protections not part of the federal SCRA. If your business caters to military personnel who render active military service, this list can help you understand how to follow the law and protect your best interests.

It should be highlighted that this list is not exhaustive. We encourage everyone to share new amendments to the SCRA in their state.

SCRA Variations Per State

Alabama

Ala. Code §§ 35-10-70 to 35-10-71

If a service member dies while being deployed outside the continental US, the lender is required to wait at least 180 days before foreclosing against the surviving spouse or the service member’s estate, provided that the surviving spouse or the estate notifies the lender and requests a delay (and the mortgage was taken out after August 1, 2009)

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Alaska

Alaska Stat. § 26.05.135

Protections are extended to Alaska National Guard and Alaska Naval Militia members while on active duty for the state by order of the governor. Moreover, suppose a servicemember is ordered to relocate for at least 90 days. In that case, Alaska’s SCRA law permits servicemembers to terminate contracts for internet services, gym memberships, satellite radio services, or television services without facing early termination penalties.

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Arizona

Ariz. Rev. Stat. § 26-168

Employment protections are extended to National Guard members who are ordered to active duty, maneuvers, drills, camps, or formations by the governor in certain circumstances.

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Arkansas

Ark. Code Ann. §§ 12-62-705, 12-62-713, 12-62-716

Relief Act protections are extended to National Guard members serving over 180 days. A lender may not foreclose on the home of a military servicemember for nonpayment or any breach during military service without a court order, given that servicemembers meet certain conditions. Servicemembers or their dependents cannot be evicted if rent is less than $1,200/month. If notified by a service member, creditors must adjust the interest rate to 6% during active duty.

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California

Cal. Mil. & Vet. Code §§ 400 to 409.13

Relief Act protections are extended to National Guard members, or reservists called or ordered into full-time active state service by the governor or into active federal service by the President. California Senate Bill 1311, or the Military and Veteran Consumer Protection Act of 2022, took effect last January 1, 2023. It expands servicemembers’ rights to terminate vehicle leases if moved more than 100 miles from their current station.

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Colorado

Colo. Rev. Stat. §§ 28-3-1401 to 28-3-1407

National Guard members are protected in eviction and foreclosure matters when called to state military service or state defense force active duty for more than 30 days.

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Connecticut

Conn. Gen. Stat. §§ 27-34(a), 27-102(a)

National Guard members ordered into active state service are given protections. Active duty members may terminate any contract for telecommunication services, internet services, television services, satellite radio services, or membership at an athletic club or gym at any time upon receipt of military orders directing such member to a location for at least ninety days, that does not support any such contract.

In addition, Connecticut residents who are active (or within one year of the date of honorable discharge) in the United States armed forces are exempt from paying annual or biennial license or registration fees or occupational taxes.

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Delaware

Del. Code. Ann. tit. 6, §§ 2502 to 2513

National Guard members ordered into active state or federal service by the President for at least 30 days are given protection. Under the Act, default judgments against servicemembers in civil court cannot be entered until after the court appoints an attorney to represent the service member.

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DC.

D.C. Code §§ 42-3405.03a, 50-1401.02

Nonresident service members don’t have to register motor vehicles if the service member is compliant with their resident state registration and licensing laws.

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Florida

Fla. Stat. Ann. §§ 250.5201 to 250.5205

Service members with mortgage obligations entered before state or federal active duty cannot be foreclosed on by the lender during active service if it is more than 17 days or within three after that unless a court issues an order. Servicemembers on active duty cannot be evicted if rent is less than $1,200/month.

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Georgia

Ga. Code Ann. §§ 46-5-8, 44-7-22, 40-5-37

The Official Code of Georgia grants civil relief protections to service members for 90 days or longer in every military branch, including the Georgia National Guard. Relief Act protections include termination of wireless communications contracts, health club memberships without penalty, evictions, and protection from license expiration (including professional licenses).

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Hawaii

Haw. Rev. Stat. §§ 657D-1 to 657D-63

The Relief Act provides protections similar to those of state military forces under the federal Servicemembers Civil Relief Act. These include the right to postpone legal proceedings and the prohibition of nonjudicial foreclosures.

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Idaho

Idaho Code § 46-409

Relief Act protections are extended to National Guard members ordered to state active duty (other than for training) by the governor or federal duty requested by the President of the United States in certain circumstances.

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Illinois

735 Ill. Comp. Stat. §§ 5/15-1501.5, 5/15-1501.6, 330 Ill.Comp.Stat. §60/5.1

Active duty service members (including members of the Illinois National Guard or any reserve component of the Armed Forces of the United States) may apply for a 90-day stay of foreclosure proceedings or a reduction in monthly payments for up to 90 days. Illinois courts can postpone proceedings if state or federal military service fails to meet pre-service obligations.

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Indiana

Ind. Code §§ 10-16-7-23, 10-16-20-3 to 10-16-20-5

Civil Relief Act protections are given to National Guard members ordered to state active duty, including full-time training, annual training, or federal duty by order of the President of the United States for 30 or more consecutive days. These protections include contract penalty relief for telecommunication, internet, gym memberships, and satellite radio services.

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Iowa

Iowa Code § 29A.103

Nonjudicial foreclosure is prohibited if the servicemember enters a mortgage to purchase real estate before military service.

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Kansas

None

Kansas has no state law distinguishing the provisions of the federal SCRA.

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Kentucky

Ky. Rev. Stat. Ann. § 38.510

Servicemembers Civil Relief Act protections are given to the state National Guard, which is ordered to state active duty by the governor for at least 30 days.

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Louisiana

La. Rev. Stat. Ann. § 422

Federal Servicemember Civil Relief Act protections are fully adopted and extended to state National Guard members ordered to active duty by the governor in certain circumstances.

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Maine

Me. Rev. Stat. Ann. tit. 37-B, §§389-A, 390-A

Active-duty members of the state National Guard and Army Reserves are entitled to postpone court proceedings during their active-duty period, including up to 60 days after completion.

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Maryland

Md. Code Ann. [Pub. Safety] § 13-704

Servicemember Civil Relief Act protections are provided to National Guard or Maryland Defense Force members ordered to state military duty of at least 14 consecutive days.

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Massachusetts

Mass.Gen.Laws.ch. 33, §13A

Federal Servicemember Civil Relief Act is partially adopted and extended to state National Guard members.

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Michigan

Mich. Comp. Laws § 600.3285

Michigan law provides special protections against foreclosure to certain military servicemembers, including the Michigan National Guard. Suppose a servicemember entered into the mortgage before becoming a servicemember. In that case, the lender cannot obtain a non-judicial foreclosure during the servicemember’s period of military service (or within six months after that) unless a court orders the sale or foreclosure.

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Minnesota

Minn. Stat. § 190.055

Federal servicemember Civil Relief Act protections are extended to state National Guard members called to state active service.

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Mississippi

None

Mississippi has no state law distinguishing the provisions of the federal SCRA.

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Missouri

None

Missouri has no state law distinguishing the provisions of the federal SCRA.

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Montana

Mont. Code Ann. §§ 10-1-902 & 10-1-903

A Montana court may stay civil proceedings related to a servicemember’s nonpayment of a mortgage or residential lease for up to 90 days for their primary residence or adjust the payment amount due. This provision applies to any Montana Army or Air National Guard member serving on active duty for at least 14 consecutive days of full-time state active duty ordered by the governor or full-time National Guard duty.

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Nebraska

Neb. Rev. Stat. § 55-702

Federal Servicemember Civil Relief Act protections are fully adopted and extended to state National Guard members ordered to active duty by the governor in certain circumstances. A service member who receives orders to relocate for a service period of at least 90 days may terminate telecommunications, internet, television, gym membership, or satellite radio service contract or lease without penalty. A service member may also terminate a residential lease if they must move into government-owned or leased housing.

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Nevada

Nev. Rev. Stat. §§ 40.439

In 2017, the Nevada legislature passed a bill adopting the provisions of the federal SCRA and extending those protections to Nevada National Guard active-duty members. Among the additional protections offered in Nevada is the service member’s ability to stay in foreclosure proceedings for up to one year following their return from active duty.

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New Hampshire

N.H. Rev. Stat. § 110-C:2

Federal Servicemembers Civil Relief Act protections are extended to members of the state guard, national guard, or militia called to active duty by the governor for 30 days or more.

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New Jersey

N.J. Stat. Ann. §§ 38:23C-1 to 38:23C-26

New Jersey law provides protections similar to the federal Servicemembers Civil Relief Act. For example, a servicemember can potentially postpone court proceedings, and the court will not include the period of military service in the redemption period.

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New Mexico

N.M. Stat. Ann. § 20-4-7.1

Protections are extended to National Guard members ordered to state active duty for at least 30 consecutive state duty days or to any federally funded duty performed in an operational role for homeland security.

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New York

N.Y. Mil. Law §§ 301 to N.Y. Mil. Law 328

New York law applies to a service member on federal active duty or state obtain a court order for a postponement in a foreclosure action under certain circumstances.

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North Carolina

N.C. Gen. Stat. §§ 45-21.12A, 45-21.16

North Carolina law extends SCRA protections to National Guard members called to active duty by the President of the United States or the Secretary of Defense for at least 30 days. Among the protections afforded to active duty service members include the prohibition of nonjudicial foreclosures during or within 90 days after a borrower’s period of military service. However, this applies only if the mortgage or deed of trust originated before the military service period.

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North Dakota

N.D. Cent. Code § 37-01-43

North Dakota law fully adopts the federal SCRA protections for North Dakota National Guard members called to active duty for at least 30 consecutive days.

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Ohio

Ohio Rev. Code Ann. §§ 5919.29, 5923.12

Federal SCRA protections are extended to Ohio National Guard members ordered by the governor into active duty or training.

Note: In September 2021, The Fairfax County Court of Common Pleas held that Section 1343.0311 of the Ohio State version of SCRA does not apply to residential mortgages because they are not “goods or services.” The appeal was dismissed as untimely—Troy Cihan v. PHH Mortgage Corporation, Case No. 19CV733 (Sept. 10, 2021).

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Oklahoma

Okla. Stat. tit. 44, § 208.1

Federal SCRA protections are extended to Oklahoma National Guard members when ordered to state active duty or full-time National Guard duty.

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Oregon

Or. Rev. Stat. §§ 408.440, 646.605, 646.608

Oregon law prohibits lenders from initiating lawsuits to foreclose on a mortgage if the land covered by the mortgage is owned by a servicemember called into active service.

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Pennsylvania

Pa. Cons. Stat. Ann. tit. 51, § 4105

Federal SCRA protections are extended to Pennsylvania National Guard members on active state service. Civil process shall not be issued or enforced against any active duty servicemember until 30 days after said servicemembers return from active duty.

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Rhode Island

RI Gen. Laws § 30-7-10

Federal SCRA protections are extended to National Guard members on state active duty for over 90 days. These protections include prohibiting any interest rate over 6%, eviction protection, continuing life insurance policies, and staying on civil proceedings.

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South Carolina

S.C. Code Ann. §§ 25-1-4010 to 25-1-4080

In 2019, the South Carolina legislature passed the South Carolina Servicemembers Civil Relief Act, which provided expanded benefits to South Carolina service members. In addition to adopting the protections afforded by the federal SCRA, the South Carolina SCRA extends those protections to include relief from penalties for canceling memberships and contracts for satellite radio services, telecommunications, internet services, gym memberships, and cable television subscriptions.

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South Dakota

SD. Cod. Laws Ann. § 33A-2-9

Federal SCRA protections are extended to South Dakota National Guard members ordered to active duty service by the State of South Dakota Governor or the President of the United States.

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Tennessee

Tenn. Code Ann. § 26-1-111

Suppose a member of a reserve unit or the Tennessee National Guard entered into a mortgage or deed of trust to purchase a home and is subsequently called to active military service outside the US during hostilities. In that case, the lender cannot foreclose until 90 days after the service member returns to the state.

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Texas

Tex. Civ. Prac. & Rem. Code § 16.022

Texas law tolls the statutes of limitation for those under a “legal disability” who are entitled to sue for the recovery of real property or to make a defense based on the title to real property. (The definition of “legal disability” includes those serving in the armed forces during wartime.)

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Utah

Utah Code Ann. §§ 39-7-102, 39-7-115

SCRA protections are extended to National Guard members serving full-time with a recognized military unit called into service by the governor for at least 30 days.

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Vermont

Vt. Stat. Ann. tit. 12, § 553

Vermont law tolls the statutes of limitation for those in the military or naval service of the US or Vermont National Guard who are ordered to state active duty and, at the time of entering such service or duty, had a cause of action against another person or had a cause of action against them. The statute of limitations is periods of active duty plus an additional 60 days.

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Virginia

Va. Code Ann. § 44-102.1

Federal SCRA protections are extended to Virginia National Guard members called to state active duty by the Governor of the Commonwealth of Virginia for 30 or more consecutive days. Virginia law requires employers to ensure that the active-duty member can continue health care coverage, life insurance, or long-term care insurance instead of active duty.

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Washington

Wash. Rev. Code §§ 38.42.010 to 38.42.904

Federal SCRA protections are extended to Washington National Guard members or members of a military reserve component. These protections include staying fines and penalties for failing to comply with contractual obligations, honoring a service member’s request to restructure a business loan interest rate, and protection against the entry of a default judgment against a service member.

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West Virginia

W. Va. Code Ann. §15-1F-11

West Virginia law incorporates the protections contained in the federal SCRA. West Virginia extends those protections to West Virginia National Guard members called to state active duty by the Governor of West Virginia for at least thirty days.

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Wisconsin

Wis. Stat. § 321.62

Wisconsin law extends protections against foreclosure to Wisconsin National Guard and state defense force members ordered into state active duty for 30 days or more. Foreclosure sales cannot occur during or within 90 days after the servicemember’s period of state active duty unless a court order approving such action was entered before the servicemember went on active duty and after the foreclosure, sale, or seizure occurred.

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Wyoming

Wyo. Stat. Ann. § 19-11-122

Federal SCRA protections are extended to Wyoming National Guard members who are ordered to active state service by the state or federal government for more than 30 consecutive days.

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Conclusion

People who render active duty service are granted plenty of protection, and entities that work with them should understand what it means to work with them. Knowing if a service member is on active duty is key. You can use the SCRACVS to confirm someone’s active duty service today.

FAQs

What does SCRA mean in law?

SCRA refers to the Servicemembers Civil Relief Act (SCRA). This is a federal law that provides judicial and financial protections.

What is the difference between the Military Lending Act and SCRA?

The Military Lending Act protects servicemembers and their dependents for credit extended while the servicemember serves on active duty.

Does SCRA cover state active duty?

SCRA’s coverage depends on the state where the service members live.

What is the state of legal residence for SCRA?

The service member retains the state they claimed when they entered military service.

What protections exist under the SCRA?

The SCRA grants an interest rate cap, protections from eviction, lease termination, and the option to postpone judicial proceedings.