Servicemembers Civil Relief Act (SCRA) – Timeline of Key Laws & Amendments

This page tracks the history of servicemember legal protections, beginning with the Soldiers’ and Sailors’ Civil Relief Act of 1940, leading to the modern SCRA, and listing major amendments.

Soldiers’ and Sailors’ Civil Relief Act (SSCRA, 1940)

• Original version of the law, designed to protect servicemembers during WWII.
• Capped interest rates at 6% on pre-service debts.
• Allowed courts to stay civil proceedings during active duty.
• Provided protections against default judgments, eviction, and foreclosure.

Servicemembers Civil Relief Act (SCRA, 2003)

• Pub. L. 108–189 repealed and replaced SSCRA.
• Updated and strengthened protections for the modern force.
• Codified at 50 U.S.C. §§ 3901–4043.
• Expanded rights in leases, contracts, foreclosure, and interest rate reductions.

Amendments and Expansions

• 2004, 2008, 2010 – Technical and enforcement updates. Extended foreclosure protections during active duty and for a post-service grace period.
• 2012 (Pub. L. 112–154, Honoring America’s Veterans Act) – Extended foreclosure protection to surviving spouses.
• 2015 (Pub. L. 114–92, NDAA) – Made permanent the 6% interest cap on pre-service loans.
• 2018 (Pub. L. 115–407, Veterans Benefits and Transition Act) – Allowed termination of phone, internet, and TV contracts without penalty when deploying.
• 2022 (Pub. L. 117–314, NDAA) – Strengthened eviction protections, updated consumer contract termination rules, and improved enforcement tools.

Why It Matters Today

The SCRA remains a living law that continues to expand. It is frequently amended through the National Defense Authorization Acts (NDAAs) and other legislation.

Le Maistre v. Leffers (1948)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
This case involved the application of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The Court emphasized that the Act must be liberally construed to protect servicemembers, ensuring that those in military service are not disadvantaged in civil legal proceedings because of their service obligations.

3) Why It Mattered
The decision cemented the principle that courts should interpret servicemember protections broadly, not narrowly, in order to carry out Congress’s intent.

Conroy v. Aniskoff (1993)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
The case concerned the tolling of statutes of limitations under the Soldiers’ and Sailors’ Civil Relief Act (SSCRA). The Supreme Court unanimously reaffirmed that the Act must be read liberally in favor of servicemembers, rejecting attempts to narrowly limit its scope.

3) Why It Mattered
The ruling reinforced decades of precedent that servicemember protections are not just technicalities but must be given their full protective effect.

Gordon v. Pete’s Auto Service (2011)

1) Link to the Actual Opinion
Read the opinion (Justia link)

2) Summary of the Opinion
The case addressed whether protections under the Servicemembers Civil Relief Act (SCRA) extend to a servicemember’s dependents. Gordon, the spouse of a deployed servicemember, sought protection under the SCRA. The Fourth Circuit held that SCRA protections do extend to dependents in certain circumstances.

3) Why It Mattered
This case clarified that SCRA’s shield is not limited strictly to servicemembers but can also safeguard their families, reflecting Congress’s intent to protect the military household.