I'm in the military and got sued, evicted or behind on a lease
A federal law, the Servicemembers Civil Relief Act (SCRA), lets you put some civil legal obligations on hold while you serve. It doesn't happen on its own. You have to ask in writing, usually with a copy of your orders.
Are you covered
- Army, Navy, Air Force, Marine Corps, Space Force and Coast Guard members on active duty.
- National Guard members called up by the President or the Secretary of Defense for more than 30 days in a row to respond to a declared national emergency, paid with federal funds.
- Commissioned officers of the Public Health Service and of NOAA in active service.
50 U.S.C. § 3911. Some protections also cover your dependents, including the eviction protection (50 U.S.C. § 3951).
What to do first
1. If you've been served with a lawsuit, don't ignore it. You can ask the court
to put the case on hold (a "stay"). Send the court a letter explaining how your current duty
keeps you from appearing and when you will be able to, plus a letter from your commanding
officer saying your duty prevents you from appearing and leave isn't authorized. With those, the
court must pause the case for at least 90 days. You can ask for more time if your duty still
keeps you away (50 U.S.C. § 3932).
2. Talk to your base legal assistance office or a lawyer before you file anything.
Military legal assistance is free for service members. The SCRA has more protections than this
page covers.
3. If a judgment was entered against you because you didn't show up while you
were serving, or within 60 days after, you can ask the court to reopen it. You have to show that
your service hurt your ability to defend yourself and that you have a real defense. Apply no
later than 90 days after you leave service (50 U.S.C. § 3931).
4. If your landlord is trying to evict you, the landlord needs a court order to
evict you or your dependents from your home while you're serving, as long as the rent is under
a yearly cap the Department of Defense publishes. If your service affects your ability to pay,
the court can pause the eviction for 90 days, or adjust the lease (50 U.S.C. § 3951). Nevada's
own eviction deadlines still apply, so read I got an eviction notice
and file your answer on time.
5. If you got orders and need out of a lease, give the landlord or leasing
company written notice with a copy of your orders (rules below).
Your protections, at a glance
| Protection | What it does | Source |
|---|---|---|
| Stay of a lawsuit | The court must pause the case at least 90 days if you're serving, or within 90 days after, and you send the two letters above | 50 U.S.C. § 3932 |
| Default judgment | Before a default, the plaintiff has to file a sworn statement about whether you're in the military, and the court has to appoint a lawyer for you if you are. A default can be reopened if you apply within 90 days after leaving service | 50 U.S.C. § 3931 |
| Garnishment and judgments | If service affects your ability to pay, the court can pause enforcement of a judgment and stop or pause a garnishment or attachment, for cases brought before, during or within 90 days after service | 50 U.S.C. § 3934 |
| Eviction | Court order required, and the court can pause the case for 90 days. Covers you and your dependents, up to a rent cap adjusted every year | 50 U.S.C. § 3951 |
| Ending a home lease | Allowed if you signed before entering service, or if you got permanent change of station orders or deployment orders of 90 days or more. With monthly rent, it ends 30 days after the next rent due date following your notice | 50 U.S.C. § 3955 |
| Ending a car lease | Allowed if you signed before service and got orders of 180 days or more, or got orders while serving for a permanent change of station outside the continental U.S. or a deployment of 180 days or more. Return the car within 15 days of your notice | 50 U.S.C. § 3955 |
| Interest on debts from before service | Capped at 6% a year: during service, and for a year after on a mortgage. Send the lender written notice and a copy of your orders no later than 180 days after you leave service | 50 U.S.C. § 3937 |
| Other protections | Installment contracts, mortgages, phone and other service contracts, life insurance, storage liens, and health insurance when you come back | 50 U.S.C. §§ 3952, 3953, 3956, 3957, 3958, 4024 |
Servicemembers Civil Relief Act, 50 U.S.C. chapter 50, read off the U.S. Code. A lease notice can be delivered by hand, by private carrier, by mail with return receipt, or electronically (50 U.S.C. § 3955). Keep a copy and proof of delivery.
Official resources
U.S. Department of Justice, Servicemembers and Veterans Initiative —
SCRA protections and enforcement cases.
The law itself —
Servicemembers Civil Relief Act, 50 U.S.C. chapter 50.
Your civilian job — the Uniformed Services Employment and Reemployment Rights
Act (USERRA) protects your right to get your job back after service:
U.S. Department of Labor, USERRA.
Free military legal help —
Military.com legal assistance guide.
Free help
Your installation's legal assistance office — free legal help for service members.
Bring your orders and the court papers.
Legal Aid Center of Southern Nevada — 725 E. Charleston Blvd.
702-386-1070.
Civil Law Self-Help Center — Regional Justice Center, 200 Lewis Ave, 1st floor.
Help with Nevada court forms, and a list of
lawyers and legal help.
Good to know
"Materially affects" is the phrase that shows up again and again in this law. Most of these protections depend on showing that your military service, not just a busy schedule, is what keeps you from appearing in court or paying. Put that connection in writing, attach your orders or a commander's letter, and keep copies of everything you send.