Honoring G.I. Joe

You gotta wonder the timing of some things. Take, for instance, November.  November is the month for Thanksgiving and Veterans and wouldn't you know it but just the other day, I had a young Marine come into our law library seeking assistance?

Seems a few months back, he was serving overseas. When he got home and was sifting through his mail, he found that he had been served a complaint for a sizable sum of money. Because he didn't respond after 30 days, a default was entered against him.

So, let's recap.  Military man is serving overseas and while he was deployed, he was served and a judgement was entered against him.  I think that the operative words here are: WHILE HE WAS DEPLOYED.  The thing is, courts really don't like it when people take advantage of persons serving in the military.  Really, REALLY.

I guess because politicians don't like it they created the Servicemembers Civil Relief Act (SCRA) in 2003 under 50 USC 3901-4043.  Heck, according to the SCRA:

the Attorney General is authorized to file a federal lawsuit against any person (or entity) who engages in a pattern or practice of violating this law.  The Attorney General may also file such a suit where the facts at hand raise "an issue of significant public importance.”  When the Attorney General files a lawsuit under the SCRA, she has the authority to seek monetary damages on behalf of individual servicemembers.  The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief.  See Section 4041

In Sacramento, politicians don't take messing with our soldiers either and created similar protections under California Military & Veterans Code (Div 2, Pt. 1, Chp. 7.5) §§ 400-409.13.  So, with little fanfare, I suggested Marine take a look at:

• California Forms of Pleading and Practice (Lexis; Chp. 489, sec. 411)
• California Affirmative Defenses (TR; Vol. 1, Sec. 25.62)
• American Jurisprudence Pleading and Practice Forms Annotated §§ 165, 166, 173, 185, 200, 201)

and off Military man went to seek retribution.

Yep, if you're going to be messing with someone, you might want to consider NOT messing with those serving in the military.  Why?  Because there are whole lot of people watching their six and they don't take kindly with people jacking around with those who serve.

I'm just sayin.