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If I surrender my vehicle, what will happen if I am active duty military servicemember?

Sherburne, NY |

I bought a car July 2012 and became active October 2012 - I can no longer afford the payments - is there anything the SCRA can do to help me with the deficiency (which will be around 14000.00???

Attorney Answers 4


  1. Before you do this, go to the Legal Assistance office on base. They are the gurus when it comes to the SSCRA. But i believe the short answer is no, as it only protects you when your military service (i.e. a deployment) prohibits you from defending yourself in court, and can lower the interest rate on certain loans when deployed. But I am no expert. The folks at your base legal office are.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.


  2. There are safeguards in place pursuant to SCRA specific to auto loans. This is a practice area for our law firm. If you would like a free consult please read my Avvo profile, and call when ready. You will also find SCRA information on our website, www.militaryjusticeattorneys.com. I also agree with Mr. Cassara that your legal assistance office should have some information for you.


  3. I agree with the advice of my colleagues. The SCRA protects servicemembers in your position. If you need assistance finding the provision that covers automobile leases, feel free to give me a call. I handle SCRA matters on a regular basis. The initial consultation is confidential and free. Best of luck.


  4. I will add that you need to resolve appropriately, other wise you may have a hard time with your security clearance if you ave one...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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