Some institutions are not complying with the Soldiers and Sailors Civil Debt Relief Act and this is causing great heartache and financial difficulties for many of our servicemen and women in the combat zones.
If you have a friend or loved on in the service make sure they familiarize themselves with the Act and how it works for them. They get briefings on it, but many don't really understand how important it is.
Alot of these guys are taking big pay cuts when they get activated and their families are usually closer to trouble if something goes wrong while they are serving and too far away to do anything about it.
"A 65-year-old federal law, which Congress expanded last year, provides a range of protections for activated reservists and for Guard members called up by the Pentagon.
Those protections include a 6 percent cap, under certain circumstances, on consumer and mortgage interest rate debt incurred before activation; protection from eviction or foreclosure; payment deferral for federal taxes; and a stay on civil proceedings, including divorce and bankruptcy.
The military is quick to let families know about the law as part of the family support briefing that soldiers get before they are deployed.
But the help is not automatic. Soldiers and sailors have to ask for it and provide proof of their call-up. Woolpert said the soldiers are given pre-typed letters of requests to creditors to make the process easier. Still, many soldiers call him later to understand how to qualify for help.
Woolpert said most companies understand the law and try to follow it, but some, particularly smaller banks and car loan companies, are not as enlightened.
Kevin Waetke, a spokesman for Wells Fargo Home Mortgage in Des Moines, Iowa, said the company has apologized to Welter and dismissed the foreclosure action. The company has special procedures in place for active duty soldiers that its employees are supposed to follow."
Most companies will do the right thing once it is explained to them, so this does not have to be an adversarial thing, although sometimes it is.
ANCFlyer From , joined Dec 1969, posts, RR:
Reply 1, posted (10 years 8 months 6 days 19 hours ago) and read 1991 times:
That will get a banks "tit in a wringer" quite fast. I know the law works - and some banks as well as credit card companies are pretty pro-active with their assistance. During the Desert Storm, for instance, Discover Card company told my wife they'd suspend my required payments and reduce the interest rate to 1/2 of whatit was for the duration of my deployment. We didn't need the help but it was nice to know it was available.
Quoting DL021 (Thread starter): Most companies will do the right thing once it is explained to them,
All companies MUST do the right thing or face a problem with the feds.
I've not seen any company that has ever intentionally disregarded this law.
DL021 From United States of America, joined May 2004, 11454 posts, RR: 73
Reply 4, posted (10 years 8 months 6 days 10 hours ago) and read 1945 times:
ANC/Smaj is right. What I meant was that most companies will willingly cooperate and help out. I know that GMAC did not understand the law during Desert Storm, or at least the three people with whom I spoke, but Citibank Mastercard and my bank sure did.