Customer enlisted in service through delayed entry program in 1997. Customer was enlisted in reserve from 8/1997 until 7/1998 at which time would report to service in Army. Bank loaned customer funds to purchase vehicle in 11/97. customer defaulted on loan within 6 months of signing loan documents. Vehicle was repossessed and sold. Judgement was obtained. Customer was supposedly in the service when judgement was obtained. Question: can the customer invoke
any sections of the SSCRA? Thanks for assistance.

Good Question. Customer was in Reserves and you based your loan on his civilian job and income. The loan was made when he was a civilian (in Reserve but not on active duty) and he defaulted as a civilian. The car was repo'd and sold (5/98) before he went on active duty in 11/97 or was he called to active duty before then?

IMO After he was called to active duty he can invoke SSCRA provisions. If he was in reserve but on active duty when the loan was made, and you granted the loan based on military as occupation the SSCRA would not apply.

My question is are you subject to the old SSRA or recently enacted new SSCRA provisions?

What say you Andy?

When I enlisted I too was on the delayed entry program. That meant I had obligated myself beginning X date. It (at least then) was the inactive reserves and was pre-boot camp, no income etc. That would not have been active duty in my opinion. A finer reading of the SCRA may be in order. I would focus on the section about a reservist being covered "when they receive" their orders and see if the inactive reserve is included.