June 2, 2011 at 5:44 pm EDT #2334madunnMember
I have several questions concerning this subject.
1) Unsecured debt also qualifies for the intrest reduction, correct?
2) When a person enlist, is that considered active duty and does that fall under the SCRA?
3) Can a servicemember, or spouse, or both request relief and may do so any time during the service period and up to 180 days after service terminates? Is this correct?
Thanks for the help in advance!June 2, 2011 at 7:59 pm EDT #2671JGo9Participant
1) SCRA talks about the rate reduction under section 207 and in reading it I find no limitations based upon the existence of collateral or lack of. It’s my understanding that unsecured debt would also apply for the interest reduction, assuming you are dealing with an active servicemember and/or their dependents as defined in the regulation.
2) SCRA applies to active servicemembers. The definition of duty status is defined in 10 U.S.C. 101 (d) (1-6). If they qualify as active then SCRA would apply. I’ve copied and pasted section 1-6 below:
(d) Duty Status. – The following definitions relating to duty status apply in this title:
(1) The term “active duty” means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
(2) The term “active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less.
(3) The term “active service” means service on active duty or full-time National Guard duty.
(4) The term “active status” means the status of a member of a reserve component who is not in the inactive Army National Guard
or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
(5) The term “full-time National Guard duty” means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
(6)(A) The term “active Guard and Reserve duty” means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
3) Either the servicemember or a dependent, or both may request relief during the period of active service including up to 180 days after the end of active duty service.
Note: You don’t have to confirm their active status but you can find out by going to https://www.dmdc.osd.mil/mla/owa/home and entering in some information that you should have to find out their duty status.
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