Handling cases involving tenants, borrowers, or defendants who may be serving in the military comes with added responsibility. The Servicemembers Civil Relief Act is designed to protect active duty members from legal and financial hardships while they serve, and it places clear obligations on attorneys and law firms.
Yet, many legal professionals underestimate how a single oversight in SCRA compliance can result in costly penalties, overturned rulings, and a loss of client trust. Meeting the legal requirements is not just about following the law. It is about protecting rights and minimizing legal risk before it escalates.
In the following sections, you will find five steps that can help you build a stronger compliance process in your law practice and mitigate the risks that come from missing key SCRA obligations.
5 Steps Every Law Firm Should Take for SCRA Compliance
1. Verify Military Status Before Taking Action
Before moving forward with an eviction, foreclosure, repossession, or default judgment, ensure the individual is on active duty. Federal law requires this step, and skipping it could expose your case to potential dismissal or reversal. Military verification service by SCRACVS is one of the ways to obtain accurate, court-admissible documents that align with SCRA compliance requirements.
Military status checks are more than a procedural formality. They serve to protect active duty members from legal action during service and help protect your law practice from unnecessary legal risk. Services like SCRACVS also provide affidavits that meet court documentation standards, helping make the legal process more secure.
Adding verification to your intake procedures is a practical way to avoid compliance gaps. If a case lasts for several months, consider repeating the verification to account for changes in duty status that could affect the outcome.
2. Understand the Scope of SCRA Protections
Not every case involving a military member is the same, and knowing exactly what protections apply is key to staying compliant. The Servicemembers Civil Relief Act covers active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and certain reservists or National Guard members serving under federal orders.
These protections can include a 6 percent interest rate cap on qualifying debts, restrictions on evictions and foreclosures, the right to terminate certain leases without penalty, and safeguards against default judgments. In some situations, dependents of service members may also be covered. Because these rules work alongside state-level laws, it is important to review both to avoid conflicts or missed obligations.
Eligibility is not static. If a client enters military service or begins active duty during your case, proceeding with a civil court order or charging interest above the legal limit could prompt enforcement action from the Department of Justice. Regularly checking status and reviewing DOJ or Department of Defense updates will help your law practice apply these protections appropriately.
3. Document Compliance at Every Step
In an SCRA-related case, your records are your strongest defense. Without a clear paper trail, it becomes difficult to prove that you met every requirement, even if all procedures were followed. From the very first verification to the final court order, each action should leave behind evidence that can be presented if necessary.
Store copies of affidavits, DMDC responses, and any communication with the servicemember or their representative in an organized system. Mark compliance notes in the case file so they are easy to locate during audits or legal reviews. Every detail counts, from a rate adjustment to an extension request or a judgment delay.
A digital case management system can make this easier by timestamping every file and keeping them in one secure location. Setting aside a dedicated SCRA Compliance section in client files ensures nothing is missed when the stakes are high.
4. Train Your Staff on SCRA Requirements
One overlooked training session can be all it takes for a compliance error to slip through. When the entire team understands the Servicemembers Civil Relief Act and how it applies to your cases, the risk of costly mistakes is significantly reduced. Every attorney, paralegal, and support staff member should know the correct timing for military status checks, how to read verification results, and the proper steps once protections are confirmed.
Real examples from past cases can make the lessons stick, showing the consequences of non-compliance and the benefits of following protocol. Adding SCRA procedures to the new employee onboarding sets the right standard from day one.
Laws and enforcement trends change, so a one-time training will not suffice. Scheduling annual refreshers ensures the entire team stays sharp and aligned with both federal and state requirements.
5. Maintain Accurate and Accessible Records
When a court or auditor asks for proof of compliance, your files should be ready without delay. Disorganized or incomplete records can weaken your position, even if every SCRA requirement was met. Strong recordkeeping shows clearly that your firm handled each step in accordance with the law.
Set up a system where digital files are labeled consistently and can be retrieved quickly. Keep secure backups to guard against data loss, and follow retention timelines that meet both SCRA rules and your firm’s policies. This keeps essential documents available for as long as they are required.
Assigning one person to oversee SCRA-related files adds an extra layer of accountability. It helps ensure that affidavits, verification results, and court orders are organized and maintained in a way that supports your case if questions arise.
Summary
Strong SCRA compliance is built on habits, not quick fixes. Law firms that integrate verification checks, organized documentation, and ongoing training into daily practice are better prepared to handle complex cases without unnecessary risk.
These steps do more than satisfy federal requirements. They create a legal process that respects servicemembers and holds up under scrutiny in any courtroom. By making compliance second nature across your team, you help protect client rights, strengthen case outcomes, and keep your practice prepared for whatever changes the law may bring. Consistency here is the real measure of a reliable law practice.
Disclaimer: This article provides general information regarding the Servicemembers Civil Relief Act (SCRA) and is not intended as legal advice. Consult a qualified attorney for guidance specific to your practice and jurisdiction. Compliance with SCRA is important, and every law firm is responsible for ensuring it adheres to both federal and state regulations. The steps outlined in this article are meant to assist law firms in maintaining valuable practices, but do not guarantee legal outcomes.
