Servicemembers' Civil Relief Act (Scra) Exam

14 Questions | Attempts: 255

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Servicemembers

Questions and Answers
  • 1. 
    What is the purpose of the S.C.R.A.?
    • A. 

      To provide for, strengthen, and expedite the national defense.

    • B. 

      To provide protection for service members.

    • C. 

      To provide for the temporary suspension of judicial and administrative proceedings.

    • D. 

      All of the above.

  • 2. 
    What is the definition of a “Service member”?
    • A. 

      A member of the uniformed services.

    • B. 

      A member of the Democratic party.

    • C. 

      A member of the clergy.

    • D. 

      None of the above.

  • 3. 
    Where does this Act have jurisdiction?
    • A. 

      Only in the continental United States.

    • B. 

      Only in the states where there is a military base.

    • C. 

      The United States, each of the states, including the political subdivisions thereof, and all territory subject to the jurisdiction of the United States.

    • D. 

      None of the above.

  • 4. 
    This Act does not apply to criminal proceedings.
    • A. 

      True

    • B. 

      False

  • 5. 
    Who is covered under the protection of the S.C.R.A.?
    • A. 

      Citizens of the United States serving with allied forces in the prosecution of a war or military action.

    • B. 

      Reserves ordered to report for military service.

    • C. 

      Persons ordered to report for induction.

    • D. 

      All of the above.

  • 6. 
    A service-member may waive any of the rights and protections provided by this Act.
    • A. 

      True

    • B. 

      False

  • 7. 
    According to this Act, who is considered to be a legal representative of a service-member?
    • A. 

      The service-member’s spouse or parent.

    • B. 

      An attorney acting on behalf of the service-member or a person possessing a power of attorney.

    • C. 

      The service-member’s commanding officer.

    • D. 

      Any family member having access to service-member’s personal information.

  • 8. 
    The court, before entering judgment for the plaintiff (creditor), requires that the plaintiff file what kind of document with the court?
    • A. 

      A document that proves beyond a shadow of a doubt that the servicemember is in default of the contract.

    • B. 

      A document that provides proof of the debt.

    • C. 

      An affidavit stating whether or not the defendant is in military service and facts to support the affidavit.

    • D. 

      None of the above.

  • 9. 
    If a defendant in a civil action is in military service, the court may not enter a default judgment until after the court appoints an attorney to represent the defendant.
    • A. 

      True

    • B. 

      False

  • 10. 
    According to the SCRA, what conditions must be met for the court to enter a stay on a civil action taken by a creditor?
    • A. 

      The court must receive a letter or other communication from either the service-member or the commanding officer that explains the service member’s current military status and inability to appear in court, or provide a date when the service member will be available to appear.

    • B. 

      The court must receive a letter of dispute from the service member or the commanding officer.

    • C. 

      The court must receive a letter from the commanding officer stating that the service member has been hospitalized from wounds sustained during combat.

    • D. 

      There are no conditions listed that will excuse a service member from appearing.

  • 11. 
    If the service member is a co-defendant with others who are not in military service and who are not entitled to the relief and protections provided under the SCRA, the plaintiff may proceed against the non-military defendants with the approval of the court.
    • A. 

      True

    • B. 

      False

  • 12. 
    How is the statute of limitation effected by this Act for service-members?
    • A. 

      State law dictates the statute of limitations.

    • B. 

      The period of a service member’s military service may not be included in computing any period.

    • C. 

      Statute of limitation on credit accounts varies from state to state.

    • D. 

      Federal law gives a blanket of five (5) years from date of last payment.

  • 13. 
    Interest rates on debts incurred prior to military service are limited to 6% per year during the period of military service.
    • A. 

      True

    • B. 

      False

  • 14. 
    If a service member is in breach of the terms of a contract for a real or personal property, the property may be repossessed without a court order.
    • A. 

      True

    • B. 

      False

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