Establishing secure connection…Loading editor…Preparing document…

Servicemembers Civil Relief Act (SCRA)

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

MOTION TO LIFT STAY

IN THE COURT OF COUNTY, MISSISSIPPI

PLAINTIFF

VS.

CASE NUMBER

MOTION TO LIFT STAY ISSUED PURSUANT TO THE
SOLDIERS AND SAILORS CIVIL RELIEF ACT

Comes now , Plaintiff in the above captioned matter, by and through his attorney, and respectfully moves this honorable Court to lift the Stay issued by this Court on the day of , 20, and that this Case be re-activated. The undersigned would show unto this Honorable Court the following matters and facts, to-wit:

1. That on the day of , 20, Plaintiff requested that these proceedings be stayed pursuant to the Soldiers and Sailors Relief Act of 1940, since he had been ordered to active duty with the United States (Army, Navy, Air Force, Marines) beginning in of 20 for (e.g., Operation Enduring Freedom).

2. That an Order was entered by this honorable Court on , day of , 20, staying this case until such time as this case be re-activated upon proper Motion.

3. That Plaintiff has been released from active duty and desires to proceed with this case and pursue his rights under the laws of Mississippi regarding the matters complained of in his Complaint filed herein.

WHEREFORE, Plaintiff moves that this honorable Court lift said stay and re-activate this Case.

RESPECTFULLY SUBMITTED this the day of , 20.

Plaintiff

BY

CERTIFICATE OF SERVICE

I, , do hereby certify that a true and correct copy of the above and foregoing Motion to Lift Stay issued Pursuant to the Soldiers and Sailors Civil Relief Act has been served, via US mail, postage prepaid, to the following:

COUNSEL FOR

This the day of , 20

Enter text

What the Servicemembers Civil Relief Act (SCRA) covers

The Servicemembers Civil Relief Act (SCRA) is a U.S. federal statute that provides temporary legal protections for military members while on active duty and for certain periods after service. Protections commonly include interest-rate reductions on pre-service debts, stays of civil litigation, protections against default judgments, limits on foreclosure and eviction actions, and special rules for terminating leases and for repossession. The SCRA is intended to enable service members to devote full attention to military duties without adverse civil or financial consequences arising from their absence.

Why the SCRA matters for creditors and servicemembers

SCRA protections reduce legal and financial risk while preserving service members’ rights; they also impose specific notice and documentation duties on creditors, landlords, and courts and interact with federal e-signature rules such as the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws.

Why the SCRA matters for creditors and servicemembers

Who commonly prepares or receives SCRA requests

Typical parties include active service members, military legal assistance offices, lenders, landlords, mortgage servicers, and court clerks handling stays or foreclosure notices.

  • Active-duty service members seeking relief or notification of rights
  • Lenders, landlords, and mortgage servicers adjusting accounts or legal actions
  • Military legal assistance offices and private counsel assisting documentation and filings

Primary signer roles

Servicemember

Active-duty individual or reservist requesting SCRA protection; typically supplies service orders or a military verification form and signs the affidavit or request. The servicemember’s accurate name, rank, service branch, and command contact are essential for validating eligibility.

Creditor Representative

Bank or servicer official, property manager, or attorney who reviews SCRA documentation, applies interest-rate caps or stays, and signs acknowledgements. The representative must follow notice rules and record adjustments in the account history.

Step-by-step: submit an SCRA request

Follow these core steps to prepare and deliver a compliant SCRA request or response.

  • 01
    Collect documents: Gather orders, ID, and account records to prove active duty.
  • 02
    Complete form: Fill fields accurately and select the relief being requested.
  • 03
    Attach proof: Include digital copies of military orders or verification.
  • 04
    Send to creditor: Deliver by certified mail, email per creditor policy, or eSubmission.

Recommended online workflow settings for SCRA forms

Configure your digital workflow to collect required data, authenticate signers, and retain an audit trail.

Field Configuration
Authentication Email link plus optional SMS code for signer verification
Required attachments Force upload of military orders or verification document
Signature type Typed or drawn signature with audit trail enabled
Retention setting Automatic archival with tamper-evident PDF and audit log

How electronic SCRA requests are processed

A secure eSubmission workflow speeds verification and creates a reproducible record for both the servicemember and the creditor.

  • Upload: Submit completed form and attachments.
  • Authenticate: Signer confirms identity via chosen method.
  • Verify: Creditor verifies active-duty status and account ownership.
  • Record: System archives signed PDF and audit trail.

Platform considerations for secure SCRA eSubmission

Choose a platform that supports strong authentication, document attachments, and detailed audit trails to meet verification needs.

  • Authentication: Email, SMS codes, KBA where required
  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • File types: PDF/A and DOCX export available

Timing considerations and expected response steps

SCRA requests should be made and acted on promptly to preserve statutory protections and avoid adverse actions.

Notify promptly:

Servicemember should notify creditor as soon as practicable.

Apply interest cap:

Creditors adjust interest rates upon proper notice and proof.

Stays of proceedings:

Courts may grant stays after servicemember shows inability to appear.

Lease terminations:

Some leases may be terminated with notice and proof of service.

Post-service period:

Certain protections continue for a limited period after service ends.

Key procedural milestones for an SCRA request

Track these sequential stages to ensure timely notice, verification, and creditor action.

01

Confirm Active Duty

Obtain military orders or verification from the appropriate DOD source.

02

Notify Creditor

Send written notice and attachments by preferred delivery method.

03

Creditor Response

Creditor reviews documents and updates account or seeks clarification.

04

Court Filings

If litigation exists, request a stay and provide proof to the court.

Core SCRA protections to confirm on each request

When preparing or reviewing an SCRA request, verify these substantive protections and the documentation needed to support them.

6% Interest Cap

Cap on pre-service debt interest where servicemember provides proper notice and proof; excess interest may be forgiven or require refund depending on creditor actions.

Stay of Proceedings

Court-ordered stay may be available if active duty materially affects the servicemember’s ability to participate in litigation or hearings.

Lease Termination

Servicemembers can terminate residential or motor vehicle leases under qualifying conditions when orders require relocation or deployment.

Protection From Default

Restrictions apply on default judgments and repossession where active duty prevents defense or appearance in court.

Foreclosure Limits

Certain foreclosure and sale actions are subject to additional procedural protections when the borrower is on active duty.

Vehicle Repossession

Repossession may be restricted or delayed where SCRA protections apply and proper notice is provided.

Essential data to collect and protect

Service Number: DoD ID or SSN fragment
Service Dates: Start and end dates
Proof Document: Orders or verification
Account Info: Creditor and loan details
Contact Info: Phone and email
Retention Tag: Record classification

Consequences of incorrect or missing SCRA compliance

Administrative Penalties: Civil liability
Account Adjustments: Required refunds
Court Sanctions: Possible sanctions
Reputational Risk: Regulatory scrutiny
Enforcement Actions: Private suits
Loan Rescission: Remedies ordered

Common errors to avoid when preparing SCRA paperwork

  • Incomplete proof of active-duty status, such as unsigned or partial orders, which delays creditor verification and may result in denial.
  • Incorrect date formats or mismatched names between orders and account records, causing identity verification failures and processing back-and-forth.
  • Sending the request to the wrong department or via an unsupported channel; use creditor-specific instructions to avoid lost or unprocessed submissions.
  • Failing to retain the signed PDF and audit trail; missing a reproducible record can make it difficult to resolve disputes later.

eSignature provider comparison for SCRA workflows

Pricing and baseline capabilities for common eSignature vendors; signNow appears first in the comparison per platform ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Limited trial Limited trial Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world SCRA scenarios and outcomes

Two typical situations show how accurate documentation and timely eSubmission affect outcomes for servicemembers and creditors.

Case Study 1

A deployed servicemember submitted orders and a request for an interest-rate reduction

  • Creditor confirmed eligibility and applied the 6% cap within 10 days
  • The timely submission prevented a default listing, produced a corrected account statement, and avoided litigation by documenting all steps.

Case Study 2

A landlord received a lease-termination notice with attachments from a servicemember

  • Landlord verified orders and processed termination under SCRA rules
  • Rapid verification through an eSubmission workflow reduced dispute risk and ensured the property was re-listed without contested eviction proceedings.

Practical tips for accurate and efficient SCRA handling

Adopt consistent intake, authentication, and retention practices to reduce errors and preserve statutory protections.

Standardized intake forms
Use a single SCRA intake template requiring orders, service dates, and account identifiers to reduce missing information and speed verification.
Strong authentication
Require an email plus SMS or knowledge-based authentication for remote submissions to strengthen attribution and satisfy audit requirements.
Retain audit trails
Archive signed PDFs with timestamps, IP addresses, and attachment hashes to defend against later disputes or court inquiries.
Train staff
Provide regular training on notice requirements, acceptable proof, and state-specific procedures to minimize compliance failures.

FAQs: practical answers to common SCRA questions

Answers to frequently asked questions about eligibility, documentation, and digital submission for SCRA protections.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users