Waiver of SCRA
You and your family have certain legal protections when you are called into active duty military service. These laws apply to members of the Armed Forces, Reserves, National Guard and other uniformed services.
A law providing many of these protections is called the Servicemembers Civil Relief Act (SCRA). This law helps protect members of the military and their families from financial and legal harm because of military service.
However, you can waive these protections if you decide to allow a lawsuit against you to go forward. You should learn about the SCRA before waiving these rights and protections you should learn more about the SCRA. Click here to learn more about the SCRA. In fact, to use this resource you must first speak with a Special Attorney that should be made available to you upon request.
About this form: The purpose of this sample form is to waive the protections and benefits provided to you under federal law as defendant in a civil lawsuit (for example: a divorce). These protections may include the ability to postpone or “stay” the lawsuit against you for 90 days or more.
OK, I have learned about my SCRA rights and protections and still would like to waive them. How do I do that? Some of the rights and protections must be waived in writing. The waiver must be in a separate document. For example, the waiver cannot be in a lease but in a document that refers to the lease. The text of the waiver must be in 12 point type. This Sample Form Packet prints the form in 12 point type.
There are different ways that the SCRA rights can be waived. This resource deals with completing a waiver for a lawsuit that has been filed against you, but that want to allow to go forward. Remember, you can answer a lawsuit against you WITHOUT waiving your SCRA rights and you may be able to postpone the lawsuit until you get back to place where the lawsuit was filed. If you waive your SCRA rights, however, you will not be able use those benefits of the SCRA.
What do I need? This is an easy-to-use sample form that helps the servicemember draft a Waiver of SCRA Rights & Entry of Appearance & Consent to Jurisdiction. This sample form will probably need to be modified before use in the state court where the lawsuit was filed. All you need to do is:
- Print out your form packet.
- Proofread, modify if needed and then sign in front of notary.
- Make copies for your own records.
- Send the original, with any additional attachments, to the opposing party or party’s lawyer.
Sample Form Packet is attached.
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