Whether you’re driving a JLTV through the Saudi desert or are on active duty at Ft. Irwin, you miss your family, your friends, and your favorite bar. Sure, it’s your job and you’re proud to serve your country, but that doesn’t make being away from the comforts of home any easier. And as if that isn’t hard enough, you just found out that you’re being sued. Well, you’re in the right place. As an active duty servicemember, you have rights and I’m here to protect those rights. Read on to find out how I can help you avoid a default judgement in civil court.
How SCRA Helps When You’re Being Sued
Thanks to the Servicemembers Civil Relief Act (SCRA), you do have some protections when you are being sued in civil court while on active duty. A civil lawsuit includes things like being sued for causing injuries in a car accident, breaking a lease or other contract, or any other action brought against you by another person trying to get money from you or your insurance company. So, if you get a subpoena to appear in court, but you’re 8,000 miles away serving your country, what do you do? First, call me! I’ll take care of things stateside so you don’t have to worry. Here’s what you need to know:
- If you do not appear in civil court when you have been ordered to do so, the court can enter a default judgement against you. That means you lose the lawsuit by default because you did not appear. HOWEVER, this does not apply to active duty servicemembers!
- Before a judge can enter a default judgement, the person suing you is supposed to submit a sworn statement saying whether you are on active duty or not—or swearing to the fact that he or she doesn’t know.
- If you are on active duty, the judge cannot enter a default judgement until you have an attorney representing you.
- The court has to permit a delay of at least 90 days if certain conditions are met.
The good news is, once you call me, you don’t have to worry about any of this. I will make sure that your rights under the SCRA are protected so that you can focus on the important work you’re doing for our country.
Attorney Mike Cardoza Can Help Utilize The Servicemembers Civil Relief Act
Are you facing a legal situation while on active duty? Trust me, it’s going to be okay. Just call or email me and I’ll take care of everything. In the meantime, please take a look at what my clients have to say about working with me then feel free to contact me online or call me directly at 415.802.0137.