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

iwrru

iwrru

Yah, I already googled it
FormerRecruitingGuru said:
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
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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)
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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.
 
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Mos

Mos

Well-Known Member
None
iwrru said:
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."
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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

FormerRecruitingGuru

Making Recruiting Great Again
iwrru said:
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.
Click to expand...

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.
 
Spekkio

Spekkio

He bowls overhand.
iwrru said:
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."
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Yes. I was not hassled. But that doesn't necessarily mean that you won't be hassled.
Termination by lessee.

In general. The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after ... the lessee’s entry into military service

In general. Termination of a lease ... is made

by delivery by the lessee of written notice of such termination, and a copy of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee);

and by return of the motor vehicle by the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee), not later than 15 days after the date of the delivery of written notice.

Delivery of notice. Delivery of notice may be accomplished

(A) by hand delivery;

(B) by private business carrier; or

(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails.

Effective date of lease termination.

In the case of a lease [of motor vehicles], termination of the lease ... is effective on the day on which [you return the vehicle to the dealership to satisfy the requirements above].
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Do those steps. An official letter from the NRD CO or service agreement can substitute for message traffic orders (I'm convinced no one reads the orders anyway). Also, I've always terminated my residential leases by email, and no one has been a stickler for getting hard copies. But just have copies of all the required notification documents in hand when you return the vehicle.
 
FormerRecruitingGuru

FormerRecruitingGuru

Making Recruiting Great Again
Spekkio said:
Yes. I was not hassled. But that doesn't necessarily mean that you won't be hassled.


Do those steps. An official letter from the NRD CO or service agreement can substitute for message traffic orders (I'm convinced no one reads the orders anyway). Also, I've always terminated my residential leases by email, and no one has been a stickler for getting hard copies. But just have copies of all the required notification documents in hand when you return the vehicle.
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This. Active duty members will often times get a statement of service letter for purchasing a house, etc.

Local NTAG can probably help to verify member will be serving beyond 180 days.
 
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