SCRA (Servicemember Civil Relief Act) for Terminating a Motor Vehicle Lease

[aahernandez310]

Does this only apply to leased cars, or does it apply to financed cars aswell ex 60 month terms

 

[FormerRecruitingGuru]

Does this only apply to leased cars, or does it apply to financed cars aswell ex 60 month terms

Are you asking if you can back out of a financial plan for owning a car?

Servicemembers Civil Relief Act

Do you qualify for Servicmembers Civil Relief Act benefits? Find out here.

www.cadillacfinancial.com

 

[FormerRecruitingGuru]

Has anyone on here successfully terminated their car lease prior to OCS using the SCRA?

Not trying to stir the pot but what exactly are you asking for that online resources are failing to give you the answer/s?

It seems cut and dry what you need to do. https://www.cadillacfinancial.com/en-us/cf/resources/scra.html

 

[iwrru]

Not trying to stir the pot but what exactly are you asking for that online resources are failing to give you the answer/s?

It seems cut and dry what you need to do. https://www.cadillacfinancial.com/en-us/cf/resources/scra.html

I appreciate your question.

I'm concerned about how the SCRA works for people going to OCS specifically, because the SCRA language emphasizes at least 180 days of service.

50 U.S.C. §3955.b.2.A quoted below:

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)

My understanding is that we'd fall under the italicized portion above, as OCS typically lasts 13 weeks i.e. less than 180 days, "a call or order specifying a period of 180 days or less," but then assuming we graduate from OCS, we'd "[receive] orders extending the period of military service to a period of not less than 180 days."

So it does seem like we *would* fall under this section.

I just wanted to know if anyone has actually successfully terminated a lease by way of the SCRA ahead of OCS. I wanted to know if anyone's been hassled by a dealership or financing company, with something along the lines of "it's not certain that you'll graduate from OCS, therefore until you get an extension of orders, you do not meet the criteria in the SCRA to terminate your lease early."

Thanks for the opportunity to elaborate. I'm sorry for being a nuisance earlier.

 

[Mos]

My understanding is that we'd fall under the italicized portion above, as OCS typically lasts 13 weeks i.e. less than 180 days, "a call or order specifying a period of 180 days or less," but then assuming we graduate from OCS, we'd "[receive] orders extending the period of military service to a period of not less than 180 days."

That seems to be how this article interprets it. Short of talking to a lawyer, you could just initiate the notice to the lessor and see if they give you push back.

 

[FormerRecruitingGuru]

I appreciate your question.

I'm concerned about how the SCRA works for people going to OCS specifically, because the SCRA language emphasizes at least 180 days of service.

50 U.S.C. §3955.b.2.A quoted below:



My understanding is that we'd fall under the italicized portion above, as OCS typically lasts 13 weeks i.e. less than 180 days, "a call or order specifying a period of 180 days or less," but then assuming we graduate from OCS, we'd "[receive] orders extending the period of military service to a period of not less than 180 days."

So it does seem like we *would* fall under this section.

I just wanted to know if anyone has actually successfully terminated a lease by way of the SCRA ahead of OCS. I wanted to know if anyone's been hassled by a dealership or financing company, with something along the lines of "it's not certain that you'll graduate from OCS, therefore until you get an extension of orders, you do not meet the criteria in the SCRA to terminate your lease early."

Thanks for the opportunity to elaborate. I'm sorry for being a nuisance earlier.

See if you can show your service agreement or enlistment oath DD Form 4, which says you will be on active duty for a while.

 

[iwrru]

See if you can show your service agreement or enlistment oath DD Form 4, which says you will be on active duty for a while.

Will do. I will look to provide this form with my documentation. Thx