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Show 8 Relief act protects activated Reservists, Guardsmen Deploying? Prepare for everything by CapL Bradley A. Cleveland AsS'Stjrt Sul Judge Aoca'e With mcrra'd d plwyi!i iii. many Air Force Reservists and Guardsman have been i al! onto active duty for an indefinite period ot time Some have tt higher paying civilian jobs and put their personal lives on hold, and may face difficulties meetii:g their financial and lenal obligations while they are on active duty. For those individuals, the Soldiers" and Sailors Civil Relief Act may provide relief and allow them to focus on their active duty mission A "lunch and learn" program to explain the act will be held Nov. 14 from p in. at the Family Support for more details. Kxt. Call 308N. Center. VMr. misinformation about the contained have recent Sme d act. Some have erroneously stated that Congress recently or the act. the first time since Desert Storm; that the act has capjed all mortgage rates at six percent. In fact, the Soldiers' and Sailors' Civil Relief Act was enacted in 940 to allow those called to active duty to focus on their mission without undue worries about civil matters. Second, the act doesn't automatically cap mortgage rates at six percent A point-biiexplanation of the major areas of relief offered by the act will help clarify what the Act provides. Coverage: The Act protects active duty. Reservists in federal service, and National Guard in active federal service. The Act also provides dependents with protections in limited circumstances. The coverage period is generally the date of entry on to active duty, or the date active duty orders were received. The coverage normally ends on the date of discharge from active duty, but can be prematurely terminated for misconduct while on active duty. interest cap on Interest cap: The act allows for a most financial obligations incurred before entry onto active duty. To take advantage of this protection, the service member must be on active duty and the member's military service must materially affect the service member's ability to pay the obligation. "Material effect" is a broad term that encompasses not only decrease in pay. but also the increased expenses of being called into active service. The creditor has the burden to prove that the member's service commitment has not materially affected the member's ability to pay the obligation. A interest cap letter can be easily obtained from the Legal Assistance office. Stay of proceeding protection: The act allows for service members to request a stay of legal proceedings while they are Assistant Staff Judge Advocate ! 1 1 The best way to handle any deployment is to prepare for as many eventualities as possible. Some important areas to consider are the financial, legal and medical care needs for you and your family. Additionally, arrange to have your property cared for and kept in good working order w hile you're gone. Financial needs to consider are making sure, if necessary, that your spouse has access to bank accounts and your military pay. Making your spouse a joint bank account holder, or obtaining a special power of attorney for your spouse to gain access to your account accomplishes this. For military pay, it's important to obtain a specific special power of attorney for military finance, as they won't accept a general power of attorney. The base k'gal office has a special power of attorney drafted especially for military pay. It's also a good idea to set up military pay allotments to pay any continuing bills you may have. Make your spouse aware of any passwords or pin numbers that will be needed to gain access to your accounts. If you plan on using your credit card oversees, notify your credit card company of that fact Also, notify your creditors if you will be paying your bills from a deployed location to avoid late fees and account complications. Devise a home and deployment budget for your family to follow while you're gone. Legal affaire to carefully consider are the powers of attorney plus ensuring that your will, living will and health care power of a.m.-2:3- 0 reen-acte- 1 nt on active federal service. A stay basically means that a civil court case is placed on hold for an indefinite period of time. The types of proceedings that can be stayed include all civil court hearings and bankruptcy or debtor meetings. The stay can be requested at any stage of the proceedings and can remain in effect for the entire period of active military service plus 60 days. The court will ultimately decide how long of a period to grant and will base its decision on what is reasonable. To take advantage of the stay protection, the service member must show that active military service has created an inability to appear. The court has discretion to decide who has the burden of proving the actual prejudice, but usually it is the military member. Default judgment protection: If a military member is being Snowbirds Motorhomes any Service m INSTANT CASH Changes to Major Repairs Trained Technicians 544-040- 4 Ask Mon-Fr- N. Main, Layton LMS Limousine 757 East Hwy 193 in Layton South Gate) lmslimo.com P mcnuM 7 1AM ii i ri ruiu. FILL 7-00- 49 fjfte vVfO1 q$ err jci tOA j. d-- & PEDICURE.... Wal-Ma- rt Walk-i- n Now Open North Salt Lake, 470 E. 1100 9 a.m. to 7 p.m. .liiiiirmiimiri T Barber Shop Walk-in-s Mon.-Fri- .. 30 and tops! Make it Your Tradition - All Kinds Alterations Military Uniforms Civilians Clothing Hem Pants Suits Sew Stripes Patches, Zipper, Etc. Make Name Tape OfficeMax) or appt. 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To protect against this, the act states that the party filing the lawsuit must file an affidavit that the person being sued isn't in the military. If the party fails to file such an affidavit, the judge can delay judgment until the person's military status is determined, or the judge can void the default judgment The Act also allows a court to reopen a previously entered default judgment on behalf of the service member. In order for this to happen, the judgment must be entered during the military member's term of service or within 30 days of service ter- - Up To Oil (East of Monday-Thursda- 7:30-8:3- 0 I U H r-- (with this ad) Small Fleet vehicles Quick In AND Out & S00-64X-96- I Free Dinner for 2 with We now Service 645 ol HUM Getting ready to fly the coup? from attorney are current and up to date. Also, attend the Law of Armed Combat and Human Rights briefings from the legal office. These briefings are required annually for all military members. If there is any possibility that you could be the subject of any legal action while you're deployed, seek legal assistance on any relief you may be entitled to under the Soldiers and Sailors' Civil Relief Act Medical issues include your family's insurance need s and any special medical situations you know will or could arise. Ensure that your family's DEERS enrollment is up to date and that each family member is properly enrolled in TRICARE. Also, ensure that your spouse and family are enrolled in a dental care plan and that they understand how the plan works. If you're currently taking prescription medicines, check your current prescription levels and expiration dates, as medical service may be limited in the deployed location. And, while personal property isn't usually stressed in briefings, nothing could be worse than having a major appliance or car break down while you're gone. To avoid this, make sure your major appliances are in good working order, that your and water systems are functioning and home's climate-contrthat your spouse knows how to operate the hot water heater, well pump, water, gas mains and other major home systems. Check and service your car and make sure that insurance policies, registration and base decals are current For legal questions, visit the Legal Assistance office hours. The office is a.m., during walk-iof new 75th Translocated in west the 800, Bldg. temporarily portation Squadron offices. by CapL Bradley A Cleveland 1 wlseguycomedy.com I 3607 Washington Blvd., Ogden 399-580- 4 H |