Active-Duty Military / Servicemembers Civil Relief Act Stay
The federal Servicemembers Civil Relief Act (SCRA, 50 U.S.C. § 3901 et seq.) provides active-duty military personnel with a stay of civil proceedings (including parking adjudications) and protections against default judgments. Tex. Code Crim. Proc. art. 45.0511 and Tex. Govt. Code § 22.026 mirror this protection at the state level. A servicemember stationed elsewhere or deployed can request a 90+ day stay, full notice resets, and waiver of late fees that accrued during deployment.
Legal basis
50 U.S.C. § 3931 (SCRA); Tex. Govt. Code § 22.026; Tex. Code Crim. Proc. art. 45.0511
Sample appeal wording
TO: [Court / Hearing Office] RE: Citation [NUMBER] I am an active-duty servicemember of the U.S. [BRANCH], currently stationed at/deployed to [LOCATION]. Pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, and Tex. Code Crim. Proc. art. 45.0511, I request: (1) a stay of all proceedings for not less than 90 days from this date; (2) waiver of any late fees that have accrued during my service; (3) confirmation that no default judgment has been or will be entered. Orders attached.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 50 U.S.C. § 3901 et seq. (SCRA)
- Tex. Govt. Code § 22.026
- Tex. Code Crim. Proc. art. 45.0511