SCRA State Laws: Comprehensive Guide for Legal Compliance

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

However, federal protections have not only been enhanced in the past few years. Many states have exceeded expectations by writing 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 service members like those from the Air Force, 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 noted 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

The lender must wait at least 180 days before foreclosing against the dependent of a service member if that member dies while deployed abroad. This is provided that the surviving dependent notifies the lender and requests a delay. Also, the mortgage must have been removed After August 1, 2009.

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Alaska

Alaska Stat. § 26.05.135

The governor’s order provides SCRA protections to the Alaska Naval Militia and National Guard while on active duty. Moreover, let’s say a military member is ordered to relocate for at least 90 days. The state law allows that person to terminate contracts for television, satellite radio, gym memberships, and internet services without paying early termination fees.

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Arizona

Ariz. Rev. Stat. § 26-168

National Guard ordered to active duty, camps, drills, formations, or drills by the government are also granted employment protections.

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Arkansas

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

National Guard members serving over 180 days are given SCRA protections. A lender isn’t allowed to foreclose on a service member’s home for any breach or nonpayment during military service without a court order, provided that the member meets certain conditions. Military personnel or their dependents can’t be evicted if their monthly rent is less than $1,200. Creditors must adjust the interest rate to 6% during active duty service if notified by the military member.

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California

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

National Guard members or reservists called into full-time active state service by the governor or the president are given protections. The Military and Veteran Consumer Protection Act of 2022, or Senate Bill 1311, was enacted on January 1, 2023. This law expands military members’ rights to terminate vehicle leases if they move over 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 from foreclosure and eviction if called to state defense active duty for more than 30 days.

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Connecticut

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

National Guard components mobilized on active duty service are provided protection. Service members may terminate any contract for television, satellite radio services, internet or telecommunication services, and gym or athletic club or gym membership anytime upon receipt of military orders directing them to another location for at least 90 days.

Plus, Connecticut residents active in the US Armed Forces or within a year of honorable discharge aren’t required to pay annual or biennial registration fees or occupational taxes.

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Delaware

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

National Guard members on active federal or state service for at least 30 days are granted protection. Default judgment against members in civil court can’t be entered until after the court assigns a lawyer to represent that person.

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DC.

D.C. Code §§ 42-3405.03a, 50-1401.02

Nonresident members don’t have to register motor vehicles, provided they comply with their resident state registration and licensing laws.

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Florida

Fla. Stat. Ann. §§ 250.5201 to 250.5205

The lender can’t foreclose on service members with mortgage obligations entered before federal or state duty unless a court order is issued. Service members can’t be evicted if the rent is less than $1,200 a month.

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Georgia

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

Georgia provides civil relief protections to members for at least 90 days in every military branch, including the Georgia National Guard. Protections include protection from license expiration, evictions, termination of wireless communication contracts, evictions, and health club memberships without penalty.

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Hawaii

Haw. Rev. Stat. §§ 657D-1 to 657D-63

Hawaii provides protections similar to those of state military forces under the federal SCRA. These include the prohibition of nonjudicial foreclosures and the right to postpone legal proceedings.

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Idaho

Idaho Code § 46-409

Protections are provided to Nationa Guard members called to state duty (aside from training) by the governor or president 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 members, including a reserve component or Illinois National Guard, may apply for a 90-day foreclosure stay or a reduction of monthly payments for up to 90 days. The courts can postpone proceedings if 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

Protections are granted to National Guard members ordered to state or federal active duty. The protections include contract penalty relief for state radio, gym memberships, internet, and telecommunication services.

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Iowa

Iowa Code § 29A.103

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

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Kansas

None

Kansas has no particular state law provisions.

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Kentucky

Ky. Rev. Stat. Ann. § 38.510

SCRA protections are provided to state National Guard members called to active duty for at least 30 days.

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Louisiana

La. Rev. Stat. Ann. § 422

Federal protections are fully adopted and given to state National Guard components ordered to active duty.

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Maine

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

National Guard and Army Reserves called to active duty can postpone court proceedings while on active duty, including up to 60 days after completion.

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Maryland

Md. Code Ann. [Pub. Safety] § 13-704

SCRA protections are given to National Guard or Maryland Defense Force members called to state military duty for at least 14 consecutive days.

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Massachusetts

Mass.Gen.Laws.ch. 33, §13A

Federal SCRA is partially adopted and extended to state National Guard members.

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Michigan

Mich. Comp. Laws § 600.3285

Michigan gives special protections against foreclosure proceedings to military members, including the Michigan National Guard. If a service member enters a mortgage before entering military service, a lender can’t obtain a nonjudicial foreclosure unless a court order is provided.

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Minnesota

Minn. Stat. § 190.055

Federal SCRA protections are given to state National Guard members on active duty.

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Mississippi

None

There are no particular state laws in Mississippi.

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Missouri

None

There are no special state laws in Missouri.

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Montana

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

A Montana court may stay civil proceedings concerning a member’s mortgage nonpayment or resident for at least 90 days for their primary residence or adjust the due amount. This provision applies to any Montana Air or Army National Guard on active duty for at least 14 consecutive days.

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Nebraska

Neb. Rev. Stat. § 55-702

Federal SCRA protections are fully updated and extended to state National Guard members on active duty. A member who receives orders to relocate for at least 90 days may terminate their lease for internet, gym membership, television, satellite radio service, or telecommunications without penalty. They may also terminate a residential lease if they have to move into government-owned or leased housing.

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Nevada

Nev. Rev. Stat. §§ 40.439

In 2017, Nevada adopted the federal SCRA laws and extended its protections to Nevada National Guard active-duty members. Among the additional protections offered in the state is the ability to stay in foreclosure proceedings for up to a year after they return from active duty.

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New Hampshire

N.H. Rev. Stat. § 110-C:2

Federal SCRA protections are given to State Guard members, National Guard, or militia called to active duty for at least 30 days.

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New Jersey

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

New Jersey provides protection similar to that of the federal Servicemembers Civil Relief Act.

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New Mexico

N.M. Stat. Ann. § 20-4-7.1

National Guard members called to state active duty for at least 30 days are extended protections.

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New York

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

New York allows a service member of federal or state duty to obtain a court order for a postponement in a foreclosure.

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North Carolina

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

North Carolina extends SCRA protections to National Guard members on active duty for at least 30 days. Among these protections are nonjudicial foreclosures. However, this only applies if the mortgage was signed before military service.

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North Dakota

N.D. Cent. Code § 37-01-43

North Dakota provides federal SCRA protections to North Dakota National Guard members on active duty for at least 30 consecutive days.

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Ohio

Ohio Rev. Code Ann. §§ 5919.29, 5923.12

Federal SCRA benefits are granted to Ohio National Guard members.

Note: In September 2021, The Fairfax County Court of Common Pleas held that Section 1343.0311 of the Ohio State version of SCRA doesn’t apply to residential mortgages because they’re 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.

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Oregon

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

Oregon bans lenders from initiating lawsuits to foreclose on a mortgage if the mortgage was entered into before the member went into active duty service.

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Pennsylvania

Pa. Cons. Stat. Ann. tit. 51, § 4105

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

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Rhode Island

RI Gen. Laws § 30-7-10

Federal SCRA protections are provided to National Guard members on state active duty for over 90 days.

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South Carolina

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

In 2019, South Carolina passed the South Carolina Servicemembers Civil Relief Act, providing expanded benefits to South Carolina service members. In addition to 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, internet services, gym memberships, telecommunications, 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 president or governor.

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Tennessee

Tenn. Code Ann. § 26-1-111

A National Guard or reserve unit member can’t be foreclosed until 90 days after they return to the state if called to active military service outside the US during hostilities.

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Texas

Tex. Civ. Prac. & Rem. Code § 16.022

Texas tools the limitation statutes for those under a ‘legal disability’ who are allowed to sue for the recovery of real property or to make a defense based on its title. Legal disability includes people serving in the Armed Forces during wartime.

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Utah

Utah Code Ann. §§ 39-7-102, 39-7-115

SCRA benefits are given to National Guard members serving full-time for at least 30 days.

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Vermont

Vt. Stat. Ann. tit. 12, § 553

Vermont tolls the limitation statutes for military service members who, at the time of entering such duty, had caused an action against another person. The statute of limitations applies during active duty and for an additional 60 days.

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Virginia

Va. Code Ann. § 44-102.1

Federal SCRA benefits are given to Virginia National Guard members on active duty service for at least 30 consecutive days. The law requires employers to ensure that these members can continue life insurance, health care, or long-term care insurance.

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Washington

Wash. Rev. Code §§ 38.42.010 to 38.42.904

Washington National Guard and reserve members are protected by federal laws. These protections include honoring their request to restructure a business loan interest rate, staying contract fines and penalties, and protection against default judgment.

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West Virginia

W. Va. Code Ann. §15-1F-11

West Virginia adopts the federal SCRA protections. The state extends these benefits to National Guard members called to state active duty for at least 30 days.

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Wisconsin

Wis. Stat. § 321.62

Wisconsin provides foreclosure protections to Wisconsin National Guard and state defense force members called to active duty for at least 30 days.

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Wyoming

Wyo. Stat. Ann. § 19-11-122

Federal SCRA benefits are given to Wyoming National Guard members on active duty service for more than 30 consecutive days.

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Conclusion

People who render active duty service are granted plenty of benefits, and entities that work with them should understand what it means to work with them. Knowing if a service member is on active dcritical 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), 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.