However, if you feel that you are in this situation, don't just stop paying rent and wait three months. If a landlord continues to try to evict the military member or does actually evict the member, he or she is subject to criminal sanctions such as fines or even imprisonment. Additionally, the military member must show that military service materially affects his or her ability to pay rent. The dwelling place must be occupied by either the active duty member or his or her dependents and the rent on the premises cannot exceed an amount set each year by the Department of Defense. PROTECTION FROM EVICTION: If you are leasing a house or apartment, the SCRA can protect you from being evicted for a period of time, usually three months.Finally, you must indicate that your military service prejudiced your ability to defend your case and show that you had a valid defense to the action against you. Third, you must not have made any kind of appearance in court, through filing an answer or otherwise, prior to the default judgment being entered. Second, you must write to the court requesting that the default judgment be reopened while you are still on active duty or within 90 days of leaving the service. First, you must show that the judgment was entered during your military service or within 30 days after you've left the service. If you are sued while on active duty, you fail to respond and as a result a default judgment is obtained against you, you can reopen the default judgment by taking several steps. To obtain a default judgment, a plaintiff must file an affidavit (written declaration of fact) stating that the defendant is not in the military service and has not requested a stay. DEFAULT JUDGMENTS: A default judgment is entered against a party who has failed to defend against a claim that has been brought by another party.For example, if you are being sued for divorce, you can put off the hearing for some period of time, but it is unlikely that a court will allow you to put off the proceedings indefinitely. In general, you can request a stay of the proceedings for a reasonable period of time (30-60 days). However, the burden is on you, the military member, to show that your military service has materially affected your ability to appear in court. According to the SCRA, you can request a "stay" during any stage of the proceedings.
A stay can be used to stop the action altogether, or to hold up some phase of it.
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The Servicemembers Civil Relief Act (SCRA) is a federal statute passed by Congress to allow military members to suspend or postpone some civil obligations so that the military member can devote his or her full attention to military duties.