Do I have a case? The Soldiers and Sailors Civil Relief Act (SSCRA)

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KRIPLEY

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Do I have a case? The Soldiers and Sailors Civil Relief Act (SSCRA)
revised 1990,The Servicemembers Civil Relief Act (SCRA)

My son was shipped out of Ft. Benning over to Iraq, for the second time. He asked me to put his belongings into storage while he was overseas. I did so along with some things of mine due to moving into a smaller apartment. My boyfriend put the storage unit in his name because of my pending bankrupcy.

I have been trying to pay it but fell behind due to being on FMLA Leave for Disability from my job. I phoned Shurgard and said that I would come in on March 20th and pay the balance in full. Unfortunately, I had to fly to Chicago to be with my sister who was dying of cancer. I called Shurgard from Chicago and told them my situation and said that I would be back in and pay it on April 5th. When I came in to pay it April 5, 2004 they told me that the contents of the storage unit had been sold.

I had called them twice and they didn't tell me they were foreclosing, nor did I received a phone call back from them. I thought they were suppose to at least put forth a little effort to let me know that my son and I were going to loose everything we own.

According to The Soldiers and Sailors Civil Relief Act (SSCRA),
revised 1990,The Servicemembers Civil Relief Act (SCRA)

Storage liens. Subsection (2) pertains to the foreclosure of liens for storage of household goods or other personal property of military personnel, whether the goods were stored prior to entry upon active duty or not. Such foreclosure is prohibited during the period of military service and for three months thereafter, unless the lien holder obtains an order from a court and a return is made and approved by the court. Criminal penalties for violation are provided. The American Bar Association has a program which includes a network of attorneys to offer legal help to servicemembers, most especially in the area of the Soldiers and Sailors Civil Relief Act.

If I have a case, what kind of attorney should I seek?
 
I'm not a lawyer, but I do have a lot of experience with the SSCRA because my husband has been in the Army for 14 years, and has been deployed for the past two years.

You probably can't do anything, because the SSCRA only protects the soldier or sailor - it doesn't protect their dependants. For instance, a credit card is primarily in my name (civilian dependant) and my husband is listed as a user for the card. That credit card is not subject to the regulations of the SSCRA becuase it is primarily my card. Now, keep in mind, state laws may effect the SSCRA - ie common property states, etc.
 
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