Michigan Judges Guide to the Servicemembers Civil Relief Act

3. GENERAL PROVISIONS
3.1. Jurisdictional Application
The SCRA applies to any judicial or administrative proceeding in the United
States and its territories, including both federal and state courts and administrative
agencies, but excluding criminal proceedings. 6
3.2. Individuals Covered by the SCRA
‣ Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard on
active duty (including reserves ordered to duty). 7
‣ National Guard members called to active service for over 30 days by the
President or the Secretary of Defense in response to a federally-funded
national emergency. 8
‣ Commissioned officers of the Public Health Service and the National
Oceanic and Atmospheric Administrations when on active service. 9
‣ In limited circumstances (e.g., evictions, lease terminations, foreclosures,
and installment contract terminations), SCRA protections extend to
servicemember dependents, which generally include spouses, children, or
any other individuals for whom the servicemember provided more than onehalf
of the individuals’ support for 180 days immediately preceding
application for relief under the Act. 10
3.3. “Military Service” Defined
3.3.1. Army, Navy, Air Force, Marine Corps, and Coast Guard Members
For members of the above branches of the Armed Forces, military service
is “active duty,” which is defined as full-time duty in the active military
service of the United States. 11 This includes full-time training duty,
6 50 USC App § 512.
7 Id. at § 511(1); 10 USC 101(a)(5); 10 USC 101(a)(4).
8 50 USC App § 511(2)(A)(ii).
9 Id. at § 511(1); 10 USC 101(a)(5)(B)-(C).
10 50 USC App § 511-516. See also, Balconi v Dvascas, 133 Misc 2d 685; 507 NYS2d 788 (NY Civ Ct
1986) (holding that a servicemember’s ex-wife was a “dependent” within the meaning of the Act because she was
still financially dependent on the servicemember).
11 50 USC App § 511(2)(a)(1); 10 USC 101(d)(1).