Legal Question in Military Law in South Carolina

bad credit

My son is in the military and has fallen behind in his house payments. The bank has stated that if this isn't cleared up and they have to forclose on the house he could be discharged (dishonerably). Is this true?


Asked on 1/18/07, 9:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: bad credit

While the military paymasters look with contempt on garnishments, unless your son violates the UCMJ, he cannot be dishonorably discharged. A threat to have a servicemember discharged in order to extort payment is unconscionable. Your son may also be protected by the Soldiers and Sailors Civil Relief Act.

Your son should see a JAG lawyer and find out what his rights are under the SSCRA as soon as possible. Sometimes sending a letter to the editor identifying the bank and the collector who made this outrageous threat against a soldier during a time of war has the effect of getting the community to exert pressure on the scoundrels at the bank, but I am not necessarily advising you to do this.

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Answered on 1/22/07, 10:55 am


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