Military Debt Law

As a Veteran owned firm, we know debt issues work differently for military members.  There are security clearance guidelines, UCMJ issues, SCRA considerations, and dependents to consider.  Sometimes creditors will try to reach out to your chain of command.  Some issues, such as recoupment of re-enlistment bonuses are military specific issues.  We have experience in resolving debt and consumer issues for military members, veterans, and their dependents.  We appreciate your service and look forward to helping you.

Debt Relief for Military Members and their Dependents

We serve all military members in Washington State as well as deployed members, family members, and dependents of military members.  Our offices are located across the Puget Sound, however, we are able to represent any client in any part of the state remotely via paperless services, technology, and local counsel.  If you would like to schedule a free 30 minute phone consultation, please call us at (206) 535-2559 to see how we can help.

Security Clearance and UCMJ Considerations for Debt & Bankruptcy

Military members have additional considerations when dealing with debt.  Depending upon the debt issues you are facing, Article 134 and Article 123 of the UCMJ may apply and could result in discharge or other punishment.  Additionally, pursuant to DDoD 5220.6, debt can affect your security clearance and could result in the reduction or loss of your security clearance and possibly lead to involuntary reassignment or discharge.

We have experience assisting military members through debt issues and can work within the frameworks necessary to help preserve your military career and security clearance.  We are part of a large network of other military or ex military attorneys to include the Legal Assistance For Military Personnel and Veterans Bar Association of Washington.  If you need defense of your security clearance, we know how to help and who to refer you to.

Legal Services for Military Members and their Dependents

The Servicemembers Civil Relief Act (SCRA) replaced the Soldier’s & Sailor’s Civil Relief Act in 2003.  The SCRA provides numerous benefits to active duty military members and activated reserve and guard personnel as well as their family and dependents.  Some of the notable benefits include:

  • Bankruptcy: We can file a bankruptcy for military members with consideration for deployment, SCRA, Articles 134 & 123 of UCMJ, and security clearance issues under DDoD 5220.6
  • Breaking leases: We can terminate leases obtained prior to entry to active duty or deployment to include auto, rental, and others.
  • Collection defense & consumer protection: We can defend you in a way sensitive to your military career and sue debt collectors who violate the Fair Debt Collection Practices Act by contacting your Commander, Supervisor, or Senior NCO
  • Landlord tenant: We can assist with general issues and also military specific issues such as evicting deployed individuals, helping the family members of deployed issues, breaking leases for members with orders, and suing for violations of the SCRA and other applicable law
  • Lemon Law:  Many unscrupulous auto dealerships set up shop outside of or near military bases.  We can help you to understand your rights under Washington state lemon laws
  • Negotiating with Creditors: We can seek a cram down of credit card and other debt to 6% under the SCRA
  • Recoupment & Set Off Defense:  there are ways to defend recoupment.  Settlement, bankruptcy, and other options.  As note, bankruptcy requires 5 years between the date of separation or end of contract and when you file to be dischargeable.
  • Remote representation: For deployed military members or for members located out of their home state, we can assist you as local counsel in Washington State related matters.
  • Stay of litigation: If you are deployed and cannot appear, we can answer any civil suit or complaint and obtain a stay of litigation under the Servicemembers Civil Relief Act (SCRA)

 

If you would like to schedule a free 30 minute phone consultation, please call us at (206) 535-2559 to see how we can help.