WHEN DUTY CALLS, JUSTICE PAUSES — How the SCRA Shields Service Members in California Courts
For active-duty military members, legal battles don’t stop just because they’re deployed—or because they’re defending the nation overseas
In California, the courtroom can present unfair hurdles for servicemembers unable to appear due to military obligations. Fortunately, the Servicemembers Civil Relief Act (SCRA) provides powerful procedural safeguards to protect their rights.
At R23 Law, our California Consumer Protection Attorneys are committed to ensuring no servicemember is penalized simply because they are answering a higher call.
Why the SCRA Matters in Civil Court
When a servicemember is sued—whether in a debt collection case, divorce proceeding, or child custody dispute—their inability to appear can lead to devastating legal consequences. The SCRA exists to prevent that.
California courts are obligated to apply SCRA protections when a civil action involves a servicemember on active duty. These protections go beyond federal guidelines thanks to enhancements in the California Military and Veterans Code.
SCRA Civil Protections in California: What’s at Stake
Blocking Default Judgments
The most critical safeguard? Protection against default judgment. Before a plaintiff can win a case simply because the servicemember didn’t show up, they must first submit an affidavit of military service. If the defendant is confirmed to be on active duty, the court must appoint an attorney for them before entering any judgment.
This isn’t just procedural red tape—it’s legal armor.
Automatic and Discretionary Stays of Proceedings
Active-duty military members who can't attend court proceedings may request a stay—a temporary pause in the case. Under California law, courts must grant an automatic 90-day stay if the request is properly supported. Judges may also extend the stay or adjust the schedule depending on the servicemember’s duty status.
Why California’s Layered Protections Matter
Military service shouldn't be a liability in civil litigation. Yet, without legal protections, active-duty members face court judgments they cannot fight simply because they are unavailable.
That’s why R23 Law’s California Consumer Protection Attorneys advocate for rigorous enforcement of both federal and California military legal protections. We ensure courts recognize these protections and that servicemembers receive fair treatment—no matter where they're stationed.
California Law: Going Beyond the Federal SCRA
In addition to the federal SCRA, California's Military and Veterans Code includes additional layers of relief. The goal? Ensure military duty isn’t weaponized against those who serve.
These laws make it clear: If you’re serving your country, the justice system must serve you fairly.
Legal Support for Those Who Serve
Whether you’re facing a consumer debt lawsuit, custody battle, or other civil litigation, being on active duty shouldn’t compromise your ability to defend yourself.
At R23 Law, we take that responsibility seriously.
Contact R23 Law’s California Consumer Protection Attorneys
Our attorneys are well-versed in both the SCRA and California’s enhanced military legal protections. If you—or a loved one—is an active-duty servicemember facing civil litigation in California, contact us today for a free consultation.
We proudly serve those who serve our country—ensuring they’re protected in the courtroom, just as they protect us in the field.
