Calawyer - looking for link / Servicemen Act

[kb9tbq]

Been looking through your past posts, and I can't find link you had for people whom have been in the service, something to do with financial relief they are entitled to should they go off on active duty.

Thanks,

[BrassFan]

Here ya go:

http://www.defenselink.mil/specials/Relief_Act_Revision/

It's aimed at reservists who are called to active duty. I don't think it would apply to anyone who's active duty...

[kb9tbq]

http://www.defenselink.mil/specials/Relief_Act_Revision/

Thanks to much,

Reservists? What about US Army - have to forgive me I just don't understand these things.

[Edit by kb9tbq on [TIME]1056583268[/TIME]]

[kb9tbq]

Heck - I know now, DH just explained it to me, oops heck that won't work then. Thanks,

[calawyer]

It DOES apply to reservists who are called to active duty. It is also a very powerful tool if you are sued and a default judgment has been entered against you. Here is the text of the act itself:

http://www.chinfo.navy.mil/navpalib/questions/ssrelief/usc50top.html

[kb9tbq]

Are you saying a person in the US Army could be considered a reservist? on active duty?

Here, is the link I found the persons question from - this site is a mortgage forum, so I was trying to find the answer on this for the gentlemen, thanks.

http://www.interest.com/ubb/Forum52/HTML/000872.html

[calawyer]

A reservist is someone who gets military training and agrees to be "called up" to duty if necessary (ie in the event of war). The soldiers and sailors act applies to everyone on active duty, reservists or otherwise:

(1) The term "person in the military service", the term

"persons in military service", and the term "persons in the

military service of the United States", as used in this Act

(sections 501 to 593 of this Appendix), shall include the following

persons and no other: All members of the Army of the United

States, the United States Navy, the Marine Corps, the Air Force,

the Coast Guard, and all officers of the Public Health Service

detailed by proper authority for duty either with the Army or the

Navy. The term "military service", as used in this Act (said

sections), shall signify Federal service on active duty with any

branch of service heretofore referred to or mentioned as well as

training or education under the supervision of the United States

preliminary to induction into the military service. The terms

"active service" or "active duty" shall include the period

during which a person in military service is absent from duty on

account of sickness, wounds, leave, or other lawful cause.

[kb9tbq]

Thanks so much, did not realize there was 2 different things out there, :boggle:

I have had family members in the service, but all I knew was the stories they told me of being abroad, nothing of the technicalities; even my DH has been in, but he won't tell talk anything about his activities, ugh!

Ok, thanks so much for setting me straight,

[BrassFan]

Just a note about the SSCRA...

It's in place to aid people who are in a hardship situation due to their Military Committment. Typically, an Active Duty member wouldn't qualify for benefits, since his being sent somewhere unpleasant doesn't change his financial situation much. He gets paid $x.xx per month. If he gets sent to a contingency area, he gets the same pay, plus a few bonuses.

Now, compare that to a reservist, like myself. My civilian job pays me in the neighborhood of $40,000. If I am called to Active Duty for a year, I get paid about $26,000. Therefore, I'm suddenly in a hardship situation. (I did quite a bit of research on this shortly before the Iraq situation started, and had the paperwork filled out, ready to go).

As I understand the SSCRA, you have to be able to show your hardship in order to qualify.

As for using it, it's as simple as writing to your creditors, and sending them a letter that says, "Hey, I'm a reservist, and I make $x.xx per year. I have been called to active duty for X years and Y months. This will cause my annual salary to decrease to $y.yy. Therefore, I am hereby requesting that you abide by the provisions provided by the Sailor's and Servicemen Civil Relief Act. I request that you lower the interest rate on my (car loan/credit card/whatever) to 6% until such time as my committment expires. Enclosed please find a copy of my orders, and I will contact you immediately upon my return to notify you that my committment has been completed."

[kb9tbq]

Well - personally I don't think 6% interest is very nice of them - think they could do better than that - like 0% for a year then go up in percentage per year by steps until you increased 1) Back to your normal rate or 2) Returned before that occurred & just revert back to normal...

Cause there are some people who pay lower then this offer, whom would be out of luck for relief, I just think that sending people in service could be compensated by our American businesses better than that.

Heck they have plenty of other great deals to offer up all the time to customers - why would that be such a stretch in this case to be more charitable on this matter.

Just food for though,

[Edit by kb9tbq on [TIME]1056863253[/TIME]]

[calawyer]

<blockquote>Originally posted by BrassFan

Typically, an Active Duty member wouldn't qualify for benefits,

</blockquote>

Please remember that there are many provisions in the soldiers and sailor's act that benefit ALL active duty servicemen and women. Perhaps the most important is the rule relating to default judgments---a very powerful tool indeed.

[kb9tbq]

Calawyer; have one if you could please look at - at wits end on what is going to make these people budge on the matter:

http://d4003921.u51.infinology.com/cgi-bin/cutecast/cutecast.pl?session=1lFOW8UfAbZutgfAjcVXpGdENL&forum=12&thread=6042&page=1#9

This one is to due with authorized user accounts; thanks,

[calawyer]

I think she is doing everything she can right now. She should wait for a response from the creditor. If it doesn't come, it may be time to file suit. She should also know that she probably won't have to pay a lawyer to represent her. Looks like she has set the case up well, and may suffer credit denial as a result of inaccurate reporting. Some NACA FCRA attorney in her state may well be willing to take the case on contingency. This means they get a percentage of the recovery if successful. If not, the attorney gets nothing.

[Edit by calawyer on [TIME]1057105519[/TIME]]

[kb9tbq]

Thanks much; I kind of wondered if she could get legal help that way, but that will really help matters for her.

[donnak]

Thank you for helping me on this matter. I guess I will just wait to hear back from the reporting creditors, and see what hteir response will be. In the mean time do I need to continue disputing with Experian and Equifax, or do I need to wait the 30 days and if they don't respond, send proof to CRA of no response and then ask to have them removed? All the help is great. Thankyou

[kb9tbq]

Oh, go ahead and re-dispute with all of the CRAs at once, see if you can't catch them this time around, get that sent out ASAP since you want this to overlap with the dispute you have going with the Creditor.

Then in the mean time waiting for response, you want to check out the NACA FCRA lawyers for your state.

Hey calawyer - do you have the link for the web site which shows all them different lawyers out there? I know I have seen it posted before, but I most likely would not be able to find it with the search engine being down at this time - well not able to search through old stuff when I try.

[donnak]

Okay, I PM'd calawyer-about the list of attorneys, maybe he will see this or kb9tbq can you answer??

I am a member of a pre paid legal service, do you think they would be able to help on a contingency basis? How would I approach them on the subject, do I need to ask for someone who specializes in these matters? I know I'm a dummy, but I' learning,

I will start the disputes again this weekend with CRA's any other suggestions on handleing this?

[kb9tbq]

Daniel A. Edelman

Edelman, Combs & Latturner, LLC

120 S. LaSalle Street, Suite 1800

Chicago, IL 60603

312/ 739-4200

312/ 419-0379 (FAX)

www.edcombs.com

edcombs@aol.com

Sorry took me a bit to find this one again, but a lot of members here go through this company (worth contacting them to see if they can help with your case).

Think I can find the big list for all the other lawyers broken down per state, will be back with that one.

I am not sure with the pre paid legal service, think I had seen something in the mail awhile back that says these you pay like insurance companies; for rainy day need of service. So they may be able to help you - calawyer may have more insight on these companies as well.

[Edit by kb9tbq on [TIME]1057172165[/TIME]]

[kb9tbq]

www.naca.com/index.pbl

Ok, that was easy;

Now you where talking about the pre-paid legal services.

Think what this does; is allow you to be represented for a reduced fee then what others are paying.

The ones which calawyer was speaking of is a lawyer who will take your case and if you win take their percentage of the reward but is you lose they take nothing.

[donnak]

That link is to a mortage company, I can't find any lawyers there. Sorry to keep bugging you.

[kb9tbq]

Sorry that was a guess on my part, maybe Calawyer can come back in and point you in the right direction. I know I had seen a page somewhere that listed lawyers for every state on credit reporting issues; just that I can't find it, been so long since I found it -

Wait a bit, he should see; and give an answer... know these things are not easy when you are pretty much at scratch for understanding how these things work.

[calawyer]

Sorry. Busy day. Here is the link:

http://www.naca.net/db.php3

[kb9tbq]

Thanks so much; understand what them busy days get like, for sure -

Ok, I definitley saved it to my favorites; promisse to not loose it again.

[donnak]

You are a peach, thank you so very much.