Bill
A 2810
New Jersey’s Servicemembers’ Civil Relief Act provides broad protections delaying or preventing civil actions and obligations for active-duty service members and their dependents,
Purpose and intent
- Establishes the New Jersey Servicemembers’ Civil Relief Act (NJSCRA), repealing the prior New Jersey Soldiers’ and Sailors’ Civil Relief Act of 1979.
- Aims to modernize and align state protections with federal law (federal Servicemembers Civil Relief Act, SCRA) and to safeguard civil and property rights of active-duty servicemembers and New Jersey National Guard members.
- The act directs liberal construction to protect servicemembers’ rights.
Key definitions
- Broadly defines terms including: court, insurer, legal representative, military service, servicemember, and person (covering various business entities and liable parties).
- Treats servicemember protections as available to the servicemember’s legal representative as well.
Major provisions and protections
1) General stay and relief mechanisms
- Courts may stay, postpone, or suspend obligations, lawsuits, orders, judgments, or acts, and may similarly extend to sureties and others liable on the obligation.
- When a judgment is vacated, the court may extend the vacatur to sureties or others similarly liable.
- Waivers of these protections are allowed if in writing, separate from the underlying obligation, but waivers by servicemembers after entering active duty are not valid.
2) Scope of protection
- Applies to active-duty servicemembers, members of reserve components ordered to report, individuals inducted under the Military Selective Service Act, and dependents who show material impact on obligations due to the servicemember’s service.
- Protects against actions affecting leases, contracts, tax liabilities, insurance, and other civil obligations.
3) Stay and defense considerations in litigation
- Courts must grant a minimum 90-day stay in actions involving a servicemember if there may be a meritorious defense and the defendant or counsel cannot be contacted.
- Servicemembers may seek relief from pre-service obligations and tax liabilities within specified windows (during service or within 180 days after).
4) Default judgments and notices
- If a defendant does not appear, plaintiff must show the defendant’s active-duty status via affidavit or secure a court order; if active duty status is uncertain, the court must appoint counsel for the servicemember.
- Provisions to reopen default judgments for meritorious defenses if the servicemember was materially affected by service.
5) Interest, eviction, and foreclosures
- Pre-service obligations generally bear interest at no more than 6% during service and for one year afterward (with conditions for exceptions).
- Evictions or distress related to dwelling premises are limited during active duty; court may stay proceedings for up to three months.
- Foreclosures and seizures tied to pre-service obligations are restricted during active duty and for a period afterward.
6) Leases, contracts, and personal property
- Allows termination of certain leases entered into after active duty began; specifies timing and pro-rated rents.
- Provisions to terminate or modify motor vehicle leases and cellular/telephone service contracts under active-duty relocation requirements, with protections against early termination penalties and preserving service numbers where feasible.
7) Reemployment and employment protections
- Requires employers to restore servicemembers to their prior position or a comparable one upon completion of active duty.
- Extends protections to service assemblies and National Guard duties, with expedited remedies for noncompliant private employers.
8) Insurance and health benefits
- Protections and continuity for life, health, and professional liability insurance; automatic extension of power of attorney in missing status; reinstatement rights for health coverage post-service.
9) Civil enforcement and penalties
- Authorizes the Attorney General to pursue civil actions for patterns or significant violations, with potential penalties and remedies for aggrieved individuals.
Administrative and effective provisions
- Requires the Department of Military and Veterans Affairs to publicize benefits.
- Establishes the act’s mechanics, effective date, and enforcement framework.
- Takes immediate effect upon enactment.
Impact considerations
- Broadly enhances state-level protections for servicemembers and dependents, mirroring federal SCRA protections.
- Affects courts, lenders, landlords, employers, insurers, and service providers, imposing procedural safeguards and potential remedies for noncompliance.
- No explicit reductions in existing protections; instead, consolidates and expands safeguards under New Jersey law.
Sponsor and status
- Introduced in 2026 (Session 222) by Assembly members, with several co-sponsors.
- Referred to the Assembly Military and Veterans' Affairs Committee.
Compiled from official sources — confirm details with the bill’s official record.
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