Helping those in the Armed Forces

I read the incredibly touching and moving letter written by Ms. Evelyn Sablan of Tinian regarding the deployment of her two brothers in the armed forces. Of course, I join her in her prayers for their safe return, just as I am sure our entire Commonwealth prays for the quick and safe return of all of those who are selflessly serving our country in this time of war.

We are sending our best and brightest stars to fight. In dropping everything and leaving their family, these brave members of the armed forces are certainly doing more than their fair share to protect us. One cannot help but wonder how we may help these brave people.

In that spirit, I would like everyone in the Commonwealth to take note of the Soldiers’ and Sailors’ Civil Relief Act of 1940, codified at 50 USC App. §501, et seq. This federal law applies to the United States, each of the states, including the political subdivisions thereof; and all territory subject to the jurisdiction of the United States. And it applies to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this law.

From what I understand, this law protects our Service-members and, just as importantly, their families, from lawsuits for money when the member is on, or called up to, active duty. The law is broad and covers virtually any civil obligation or other liability of the service member incurred prior to entry upon active duty, including loans, credit card debt, leases, and any attempted civil court action against the member, such as foreclosure, attachment, divorce or bankruptcy proceedings.

Preexisting contracts are to be changed. The law limits to 6 percent per year the amount of interest that can be charged on financial obligations incurred prior to active duty, unless a court finds that the borrower’s ability to pay has not been “materially affected” by service. Creditors must, therefore, be prepared to make adjustments to the customer’s account retroactive to the first day of active duty.

The law provides for a judicial stay upon any attempted execution, attachment or other court proceeding against a service member during active duty and for some time after. Default judgments may not be entered without the filing of a sworn affidavit and the court may require posting of a substantial bond. During active duty and for some period of time later, creditors are prohibited from foreclosing or seizing real or personal property securing mortgage debt or from imposing fines or repossessing real or personal property securing installment loan contracts without a court order. Any applicable statute of limitations is “tolled” during active duty and that time cannot be used to compute time limits.

In some cases, leases for property occupied for dwelling, professional or business purposes may be terminated by Service-members, upon written notice, if entered into prior to active duty. Also, in many cases, landlords cannot evict dependents of Service-members from a leased dwelling during active service.

It is clear that this law promotes common sense and common decency. Those who are risking their life for us should not have to worry about whether the car payment is getting paid on time. They should worry about getting home quickly and safely. Those with loved ones fighting for our freedom should not have to worry about getting evicted.

Those who are leaving to fight are fulfilling a promise they made to serve our country. I promise to do all that is in my power to ensure that they have nothing to worry about here at home. I shall study this law, and see how it applies to the Commonwealth. Perhaps it can even be strengthened.

I respectfully request that the coequal branches of government study this law and, if it applies to them, how their actions are impacted by this law. I urge the CNMI Bar Association to study this law, and make sure its members know that our Service-members should not be sued while they are fighting for all of us. If necessary, I will introduce legislation in the form of the Soldiers’ and Sailors’ Civil Relief Act of 2004.

We must do all in our power to protect our service-members while they are off protecting us.

Sen. Pete P. Reyes
Capitol Hill