How the SCRA Protects Service Members From Vehicle Repossession

The SCRA provides strong protections for service members under installment contracts for the lease or purchase of real or personal property. Under the SCRA, contracts entered into by service members for property, whether owned or leased, may not be rescinded or terminated due to a breach of contract without the involvement of a court of law. In addition, property subject to such a contract may not be repossessed without a court order.

These protections apply only to contracts for which a deposit or installment payment was made before the service member entered military service. When applicable, the SCRA ensures that creditors cannot take unilateral action against service members while they are serving in the military.

Topography textured background

Court Approval Requirements for Repossession

Before a repossession may occur, the lien holder must seek and obtain a court order. In reviewing the request, the court may require the lien holder to refund all or part of the payments made under the contract as a condition of repossession.

The court may also choose to stay (put on hold) the proceedings for as long as necessary or issue another order that the court determines is fair to all parties involved. These safeguards are designed to strike a balance between creditor interests and the protection of service members whose ability to meet financial obligations may be materially impacted by military service.

Case Results We’ve been in the fight & know how to win

View All Results

NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

Textured background

GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

Textured background

NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

Textured background

GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

Textured background

GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

Textured background

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

Textured background

PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

Textured background

GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

Textured background

GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

Textured background

GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

Textured background
Topography textured background

Available 24/7 to Help Anyone in the World

What Happens If a Creditor Violates the SCRA?

When lien holders fail to comply with the SCRA, service members have the right to take action and may be entitled to compensation. In many cases, an experienced military justice attorney can resolve the issue without the need for litigation. Creditors who violate the SCRA risk paying damages, attorney’s fees, and fines, and in some cases may face prosecution for a federal misdemeanor.

If you or someone you know needs assistance enforcing rights under the Servicemembers Civil Relief Act, please contact Military Justice Attorneys to speak with an experienced military justice lawyer.

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
Topography textured background

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

(843) 755-6535
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Submit Information
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (843) 755-6535.
Contact Us