European Stars And Stripes (Newspaper) - September 8, 1978, Darmstadt, Hesse                                Friday september 8, 1978 the stars and stripes Page 19 Modem living we Don t believe old saying that what Youdon t know can t Hurt  being unaware of your rights can Hurt a great  not knowing them you could be passing up Protection entitled to you under the . Law Protection designed to help those in the military. For example did you know that even if you have failed to keep up payments on furniture appliances a car or whatever the soldiers and sailors civil Relief act can prevent a creditor from repossessing without court per Mission did you know that the act allows you to cancel a lease on a stateside House or apartment with 30 Days written notice did you know that it can Stop or delay a lawsuit against you the soldiers and sailors civil Relief act applies to anyone on Active duty with the army Navy air Force Marine corps or coast guard As Well As Public health service officers detailed for duty with the military and persons taking part in governmental pre induction training. In most cases it also covers persons who have just left the service. Enlisted Reserve members have an addition Al Benefit in that they can ask for Relief under the act As soon As they receive orders to report for Active  what does the act do in regard to civil Law it protects against a default judgment in a civil lawsuit unless a certain definite procedure protecting the rights of a service member Are Fol Lowed. Besides allowing a court to delay or Stop the proceed Ings it excludes the period of military service from being counted under statutes which limit time within which Legal actions May be started by courts or administrative agencies. If a military person has financial obligations assumed before entering military service the act gives the right of paying Only six percent interest service and renewal charges included during the period of Active duty. A creditor can ask a court to require payment of More than the six percent Only if he can prove the service person swell Able to do so. If also because of reduced military income a person is unable to meet instalment payments or pay mortgage or Trust deeds contracted before entering the service the seller must have court per Mission to repossess or foreclose. As to the right of 30-Day notice in cancelling a stateside lease this Only applies to contracts signed before enter ing the military. However if dependents wife or Hus band children or parents reside in an apartment or House costing $150 or less a month and cannot pay the rent the act prevents them from being evicted without a court order even if they entered the rental agreement after their relative went into the military. If the court decides however that failure to pay is not because of the military service of that person an eviction can be ordered. The landlord though is prohibited from holding household effects As Security for unpaid rent without court permission. Court Protection also is Given for failure to pay storage costs while on Active duty. Creditors must obtain a court order before any action can be taken. Then if it is decided that failure to pay is because of military service the court May stay proceedings or enter a judgment deemed fair to both parties. There s one big pitfall though in seeking Protection under the act. According to attorney Harry Tucker now practising in the ., but formerly with the Usa eur Legal assistance office jag officers Are the Only people in the world who understand this  i can assure you adds Tucker that most civilian lawyers and judges do  his evaluation of the problem was presented in a paper at the sixth annual continuing Legal education seminar for Legal assistance attorneys in Munich recently. When it comes to requesting a stay in a court action As allowed by the soldiers and sailors civil Relief act he Points out that department of defense pamphlet no. 27 166 provides that a civilian attorney appointed to represent a military person should attempt to Contact him to determine if a stay should be granted and if so seek Mohave the proceedings stayed. However Tucker continues the army does not distribute a pamphlet no. 27-166 to civilian attorneys. Many civilian attorneys in Rural areas do not have Access to the United states code. Those who do have Access. Are probably not going to look at it and even if they do the statute itself does not state what the civilian attorney is supposed  he notes too that civilian attorneys Are usually very atty. Harry Tucker is by Grandy Busy working for clients who pay $50 or More per hour for the attorney s time. The attorney is not paid for his efforts on behalf of the Soldier. It is an economic fact of life that the civilian at Torney will not drop everything to work on a free  Tucker also Points out that court calendars Are clogged almost everywhere in the . Judges Are sex tremly Busy. Do not presume that the judge will know the soldiers and sailors civil Relief act or that he will re search the  does this mean the benefits of the act Are All but Ren dered impossible to put into effect not if a jag officer will get into the act according to Tucker. He advises that a jag officer should get a judge s at Tention by filing a motion for a stay supplying affidavits for its support and quoting the memorandum of Law that backs the action. Only very rarely should you request a stay by letter he advises jag officers. In most cases a motion should  following his advice any service person planning on taking advantage of the act should head to his or her local Legal assistance officer for help asking that the Legal assistance officer follow though on any action that Mustbe taken. Legal assistance officers have been Given detailed instructions on just How to file for a stay of court action. Questions on doing so also can be answered by capt. Peter Duffy at the Usa eur Legal assistance office i Heidelberg. Besides the aforementioned benefits the act also can offer help if a service person is having difficulty in meeting premiums on life insurance taken out before entering the military. The veterans administration is authorized upon writ ten application a Legal assistance officer can help you do this to guarantee payments of up to $10,000. Two years Are allowed after getting out of the service to make repayment. If the insured is overseas a designated person or beneficiary May apply for the Protection. When it comes to taxes the Relief act exempts service pay and personal property from taxation by a state in which a service person is stationed but does t claim As permanent Home. It also allows upon written request defered payment of Federal state and local taxes for a period of up to six months after discharge. Even though payment is not required tax forms should be filed by the dates due. Under the act the Only state that has the right to tax military pay and personal property is the state of Domi Cile. A domicile is defined legally As that place where a Man has his True fixed and permanent Home and Princi pal establishment and to which whenever he is absent. He has the intention of  a residence on the other hand generally is defined As factual place of abode at a particular time. Legally it is impossible not to have a domicile and an old one is not lost until a new one is acquired. Actual Resi Dence or bodily presence in a new locality an intention to remain there permanently or indefinitely the establish ment of a dwelling place with the intention of making it your Home and an intent to abandon the old domicile must All be present simultaneously in order for you to change domiciles. Some of the clearest indications that you consider a state your domicile Are registering to vote and voting and paying income and personal property taxes required by the state. Even though you May be paying a tax on All your income to your state of domicile a state in which you Are stationed can require you to pay a tax on non military income derived from sources within that state and on personal property used in private business activities i that state. These can be salaries from civilian employment or off duty employment with a no appropriated fund activity rents or profits from Sale of property. The act does not exempt you from paying local property taxes. Most states however have tax agreements that prevent double taxation that is paying tax on income or assets to two states for the same tax period. Service personnel sometimes Are tempted to change domicile to win a tax advantage. It s Wise to do a Thor Ough Check before making such a change. Sometimes other factors Don t make the tax advantage worthwhile. For example the new state May have Laws concerning liability for state inheritance taxes and will probates and regulations concerning guardianship of minor children that Are not advantageous. Also compare state Laws on resident and voting requirements bonuses for wartime service the right to hold Public office and Homestead types of tax exemptions offered and whether or not your Chil Dren will be Able to attend a state College without paying the higher non resident s fees. The Relief act by the Way does not exempt any civilian member of your household from taxes by the state i which he or she is temporarily residing. Al sometimes care can turn out to be a Nightmare when it comes to removing spots from an upholstered chair cleaning curtains or washing a Home knit sweater. Up to the present such items were not covered by the Federal Trade commission s Etc care Labelling Rule enacted in 1972 that requires that textile apparel and piece goods Bear labels disclosing appropriate care instructions. The result using the wrong cleaning methods some times meant ending up with a shrivelled up Turtle neck a Couch with stain rings Limp washed out drapes. If the Agency s Bureau of consumer Protection recommendations go through however All that will change in the near future. The Bureau has prepared a 453-Page report that asks that Label coverage be extended to draperies and curtains upholstered furniture and slipcovers carpets and rugs household linens suede and leather wearing apparel and piece goods and yarn used to make some of these products. It also has asked for far More specific washing drying ironing bleaching and dry cleaning instructions for goods now covered by the Rule and those recommended for  Bureau s staff noted that Lack of care instructions has frequently caused Consumers to make erroneous assumptions to their detriment. The staff report has not yet been adopted by the Etc but it is widely believed that it will be following the required 60-Day waiting period after it is published in the Federal Register. The staff s recommended revised Rule also would direct that the terminology developed by the american society for testing and materials be used in most care instructions. It recommended that several definitions be made More specific. For example instructions to machine Wash would include the temperature to be used. Manufacturers also would be required to have a reasonable basis for any care instructions provided. And retailers of piece goods would be instructed to transmit care labels supplied by manufacturers to the final product. The staff reported that under the current Rule few purchasers of piece goods were receiving such labels