Veterans' Small Business Assistance And Service Members Protection Act Of 2009

Floor Speech

Veterans' Small Business Assistance And Service Members Protection Act Of 2009

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Mr. MILLER of North Carolina. Mr. Speaker, I also rise in support of this bill. A portion of this bill began its legislative life as separate legislation introduced by Walter Jones, my colleague from North Carolina, and by me to improve the Service members Civil Relief Act, the SCRA. This legislation now provides real teeth and real remedy for the protections of the SCRA.

Someone who is serving in our military, who is defending our country, who is on active service, on active duty, should not have to worry about what is happening in court back home. They shouldn't have to worry if someone is getting a judgment against them or their home is being foreclosed on. Anyone who has a claim against someone who is in our military should not lose their claim, but their claim can wait, the lawsuit can wait, until the service member can come home, come to court and defend themselves, assert whatever right they may have, and tell their side of the story.

The law is now not entirely clear about whether a service member who has had that right violated, that right to get a little break while they are on military service, whether they can do something about it, and the legislation now makes very clear that they can. They can bring their own lawsuit. The Attorney General can bring a lawsuit, and the service member can join in that, and the service member can bring a lawsuit of their own.

A right that does not allow a remedy, a right that cannot be enforced is no right at all. This legislation now makes very clear that the rights under SCRA are real rights, and our service member can devote their whole energy to defense of our country and not worry about what is going on in a courthouse back home.

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