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Re: Good Info on Soldiers' and Sailors' Civil Relief Act


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Posted by observer (152.163.252.196) on July 07, 2004 at 10:42:28:

In Reply to: Good Info on Soldiers' and Sailors' Civil Relief Act posted by Bob3 on July 07, 2004 at 04:38:48:

Bob,

That's a great article but, for some reason it does not do enough to explain some other important provisions. The lease termination also applies to auto leases. I've personally assisted 2 people on another site and helped them get collections halted on repos that occured because they got orders to transfer to bases outside the U.S.

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`SEC. 305. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES.

`(a) TERMINATION BY LESSEE- The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after--

`(1) the lessee's entry into military service; or

`(2) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be.

`(b) COVERED LEASES- This section applies to the following leases:

`(1) LEASES OF PREMISES- A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if--

`(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service; or

`(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit for a period of not less than 90 days.

`(2) LEASES OF MOTOR VEHICLES- A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation if--

`(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days); or

`(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station outside of the continental United States or to deploy with a military unit for a period of not less than 180 days.

Here's a link to the entire bill. Read it carefully. Military folks have some wonderful {and deservedly so} protections.

http://vote.military.com/military/webreturn/?url=http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.100:


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