Posted on 11/07/2003 10:01:43 AM PST by steppenwolffe
"Anybody who's serving our country has a right to at least not be concerned about the wolves knocking at the door."We all have to pay our bills, whether serving overseas or whatever.
I am sure the men and women in uniform that were put on active duty because of 9/11, to protect your high and mighty a**,appreciate your candor.[/sarcasm]
The Soldier and Sailor relief act has protected our servicemen from such civilian actions while they were on official orders deployed overseas for many years now.
Why would this be different?
The Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA) provides a wide range of protections for individuals entering or called to active duty in the military.
The SSCRA is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty. The act does not apply to criminal matters. Reservists and the members of the National Guard are also protected under the SSCRA while on active duty.
The protections generally begin on the date of entering active duty and terminate within 30 to 90 days after the date of discharge from active duty. Members who face problems in the areas below should visit the legal office without delay.
The SSCRA prohibits eviction, without a court order, of a service member and their dependents from rented housing where the rent does not exceed $1200.00 per month. The court may delay eviction proceedings for up to three months.
A service member who enters into an installment contract prior to entering active duty is protected if the member's ability to make payments is materially effected by military service. Here the courts will compare the service member's pre-service income and military income to determine the member's financial condition. The creditor is prevented from exercising rights of recision, termination or repossession without a court order.
If, prior to entering active duty service, a member incurs a loan or obligation with an interest rate in excess of 6%, the member will, upon application to the lender, not be obligated to pay interest in excess of 6% per year. This relief applies during the period of active duty service unless a court finds the member's ability to pay has not been materially effected by military service.
Courts have the discretion to delay a civil court proceeding when the requirements of military service prevent the member from either asserting or protecting a legal right. Usually, requests for a stay are granted if the time period requested is limited (TDY, exercise, deployment). Availability of leave (including excess leave) and duty requirements are key factors.
Before a court can enter a default judgment (for failure to respond to a lawsuit or appear at trial) against a military member, the person suing the member must provide the court with an affidavit stating the defendant is not in the military.
If the defendant is in the military, the court will appoint an attorney to represent the defendant's interests (usually to seek a stay of proceedings).
If a default judgment is entered against a service member, the judgment may also be reopened if the member makes application within 90 days of leaving active duty and demonstrates both prejudice and a legal defense.
A service member's private life insurance policy is protected against lapse, termination or forfeiture for nonpayment of premiums for a period of military service plus two years. The insured or beneficiary must apply to the Veteran's Administration for protection. Also, any health insurance in effect on the day before active military service commenced is reinstated without waiting periods or physical condition restrictions.
A service member's state of legal residence may tax military income and personal property. A member does not lose legal residence solely because of a transfer pursuant to military orders.
For example, if a member is a Virginia resident and PCS'd to a base in California, the member will not lose Virginia residency nor be subject to California state income tax on military pay.
Creditors and insurers are prohibited from pursuing adverse actions (i.e. notifying credit agencies, denying credit, changing terms) against service members who exercise their rights under the SSCRA.
If you have any questions about whether the SSCRA applies to you, stop by the Base Legal Office for more information about your rights under the SSCRA.
"They" might not have expected to deploy like this but that is contrary to the contract they signed. The only qualifier there is that they are expected to serve during times of war or national emergency as directed by the President of the United States. Many Guardsmen and Reservists did exactly that during Desert Shield and Desert Storm; this is not new, just on a larger scale. The Guard and Reserve ARE the alternative.
That aside, the Soldiers and Sailors Relief Act could prevent this situation; why he hasn't pursued it is beyond me.
We do, we give them the exact same pay and benefits as everyone else on active duty.
Think about it for a few minutes and you may not see it that way.
The SSRA is FEDERAL LAW and applies to ANYONE affected by it - both employees employers.
If, all of a sudden, our reservists and guardsmen started coming home enmasse and being fired in huge numbers, don't you think you would see it pasted all over the headlines, CNN, ABC, CBS?
Well. Have you?
Yep - exactly - no disparity or inequality whatsoever.
Their families are also eligible for full-coverage health care (the same one the military families get on active duty).
I'm not trying to belittle the family's problems. IF things are as they were presented, it is indeed a sad tale and something should be done to help the family.
But I sent CBS an irate email saying this was the last time I would EVER watch any CBS show. This tale was sandwiched between other doom and gloom news and Dan Blather was just enjoying himself way too damn much.
I told them the media had lost the war in Vietnam and it appeared the liberal traitors had decided to try and do the same thing with the War on Terror. But I told them the American people had cards to play this time. The Internet and websites like Free Republic afforded us Silent Majority-types an avenue to fight back AND WE WEREN'T TOLERATING THEIR CACCA DEL TORO ANY LONGER!
I have no problem with stories like this being told . . . PROVIDED THEY'RE BALANCED WITH THE POSITIVE THINGS HAPPENING. Therein lies the problem for CBS . . . that doesn't play well with their liberal agenda.
Don't think for a second that the only terrorists or terrorist sympathizers are of Middle Eastern lineage. Rather's not an Arabic name. Neither is Brokaw. Or Jennings. Or Turner. Do they openly and outwardly support the terrorists? Nope, their support is much more dangerous and liberal, elitist jackassess like them either don't see the damage they're doing or they're so socialistically oriented they just plain don't give a damn.
When one emboldens one's country's enemies, are you not in fact supporting those same enemies?
Think about this . . . What if CBS, NBC, ABC, and CNN -- just to name a few -- had the same power and coverage during World War II that they have now? How would that war have ended? Would it have ended the same way?
I think not. I think the left coast would be praying to an Emperor and driving Tonka Toy cars and the right coast would be Sieg Heiling Adolf Hitler III at their Jewish barbecues.
The media is not our friend.
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