I am an active duty service member what protection do I have from a civil suit under SCRA?

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I am an active duty service member what protection do I have from a civil suit under SCRA?

Anonymous Apr 1, 2014 Business 3 views 4 answers

I am being sued by an insurance company for fire damages to a vacation rental. I have a renter's insurance policy and had submitted a claim. This incident happened right before I deployed. The owner of the property told me that the damage would be covered under her policy. I thought the issue had been resolved until I returned from my deployment and a law firm informed me that I was bring pursued for damages. I called my insurance company and they said this would be resolved through my policy by arbitration. Today I was served with the suit. Where do I go from here? I am active duty and I am supposed to leave over seas in a few months for 3 years.

Harris Brumer · Accepted Answer · 2026-06-15T11:03:12+00:00

The SCRA prevents the entry of a default judgment against a service member who is deployed or cannot appear due to military service. Have you been personally served by the plaintiff's law firm? If so, it may be prudent to retain local counsel (civil litigation defense). Your insurance company may be able to assist you in getting an attorney, if there was no clear negligence involved. If you have been served, put the opposing party on notice that you are in the military and are protected under the SCRA. Plaintiffs firms routinely violate it and this could be of strategic value to you later on. Best of luck.

William Cassara · Accepted Answer · 2026-06-15T11:03:12+00:00

Contact your insurance company. They will defend you in the lawsuit. Do not deal directly with the plaintiff's lawyer. Let your insurance company handle it.

Everett Mckeown · Accepted Answer · 2026-06-15T11:03:12+00:00

The SCRA also allows for a stay of proceedings if your appearance is required. This is especially important if you are unrepresented at this time. If you get a notice to appear, seek out the nearest legal assistance office and speak with one of the military attorneys about the stay, they can assist you in getting the commanders letter and the request for the stay to send to the court.

Rixon Rafter · Accepted Answer · 2026-06-15T11:03:12+00:00

As I recall, the act has provisons that prevent its abuse--with several months until you PCS and a case already filed and with orders being PCS vice deployment, its seems likely that you would not be able to avail yourself of its protections--but I admit to not knowing off the top of my head. Definately meet and discuss the matter with a JAG at legal services about its applicability to your situation and whether or not you should do anything but let your insurer handle the matter.

I am an active duty service member what protection do I have from a civil suit under SCRA?

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