Statute of Limitations Tolling
The SCRA excludes a servicemember's period of military service from any statute of limitations — for actions both by and against the servicemember. The limitations clock is paused during service, which can revive an account a creditor assumed was time-barred, or extend a filing deadline a litigant assumed had passed.
How the Tolling Works
Section §3936 does not extend a deadline by a fixed amount — it removes the period of military service from the calculation entirely. The practical effect is the same as pausing the clock for the length of service.
Clock Paused During Service
The entire period of military service is excluded from any limitations period for an action or proceeding in court.
Runs Both Directions
The exclusion applies to claims by the servicemember and claims against the servicemember (and their successors and assigns).
Tax Carve-Out
The tolling does not apply to limitations periods under the internal revenue laws, which are governed separately.
Dates Are Everything
A correct calculation depends on verified military service start and end dates — exactly the data most collection and litigation files lack.
Common Pitfalls
Get the dates right, document the rest
Civrel supplies the verified service dates and flags that tolling applies, so your team and counsel compute limitations periods on accurate data. Civrel does not provide legal advice or render deadline calculations — it gives you the facts a correct calculation requires.
Verified Service Dates
DMDC verification capturing active-duty start and end dates, with a certificate retained for the file.
Tolling Flags
Accounts tied to a verified servicemember are flagged so deadlines are never computed without accounting for §3936.
Portfolio Screening
Screen a book of accounts against DMDC to surface which obligors are protected before charge-off or filing decisions.
Documentation
Audit trail of the status check and tolling flag for each account, ready to support counsel's deadline analysis.
Frequently Asked Questions
What does SCRA §3936 do?
Under 50 U.S.C. §3936, the period of a servicemember's military service is excluded from the computation of any statute of limitations for bringing an action or proceeding in a court — whether the action is by or against the servicemember. In effect, the limitations clock is tolled (paused) for the duration of military service.
Does the tolling apply to actions the creditor brings against the servicemember?
Yes. The exclusion applies to any action or proceeding by or against the servicemember (and their heirs, executors, administrators, or assigns). A creditor cannot count the period of military service toward the limitations period for a claim it is pursuing against a servicemember.
Why does this matter for collections and litigation?
Two mirror-image risks. First, a creditor may wrongly treat an account as time-barred and stop collecting when, with tolling, the claim is still live. Second, a creditor may assume a claim against a servicemember is still timely without accounting for facts that affect the deadline. Both require knowing the servicemember's service dates.
Are there exceptions?
Yes. The tolling under §3936 does not apply to the limitations periods under the internal revenue laws (tax matters are governed separately). It also addresses the running of limitations, not the substantive merits of a claim.
How long is the clock paused?
For the entire period of military service. That time is simply not counted toward the limitations period, which can extend an otherwise-expired deadline by months or years depending on the length of service.
Make sure tolling isn't catching you off guard
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