We made a loan to an active duty military member to purchase a car. He entered active duty before we made the loan, and he left active duty about nine months ago. We used the Department of Defense’s database to confirm that he no longer has active duty status. Under the Servicemembers Civil Relief Act (SCRA), can we repossess his vehicle, or do we have to wait a year from the end of his active duty status?

You do not need to wait a year after the borrower’s active duty military status ends to repossess his car. Although the SCRA extends certain protections to service members after the termination of their active duty status — such as protections against a mortgage foreclosure or a storage lien enforcement — this extension does not apply to vehicle repossessions. The SCRA’s protection against repossession applies only during the borrower’s active duty military service. In addition, this protection applies only to loan agreements where the first payment has been made before the borrower entered active duty, which is not the case here.

For resources related to our guidance, please see:

  • SCRA, 50 USC App. 532(a)(1)  (“After a servicemember enters military service, a contract by the servicemember for — (A) the purchase of real or personal property (including a motor vehicle) . . . may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.”)
  • SCRA, 50 USC App. 532(a)(2) This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.”)