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Massachusetts SCRA Benefits: Full SCRA on State Duty

Photo of Mario Bailey By Mario Bailey Published June 13, 2026 Cited to the U.S. Code & primary sources

Part of: The Complete Guide to the SCRA

The federal SCRA stops at federal service, leaving Guard members exposed on the state activations they pull most. Massachusetts answered with one of the most complete state fixes in the country: it imports the entire federal statute for state duty, extends the service window, and backs it with damages.

What Massachusetts adds to the federal floor

ProtectionFederal SCRAMassachusetts
Guard on state active duty Not covered Full federal SCRA applies (M.G.L. c. 33 § 13A)
6% cap, lease exit, default judgment On federal orders All reach state orders (life insurance excepted)
Cumulative protected service windowFederal baseline Extended to 8 years of state service
Remedy for a violationFederal enforcement Private suit: $1,000 floor, treble for willful

One statute, the whole toolkit

Section 13A does not rewrite the SCRA; it adopts it. A member of the armed forces of the commonwealth on state active duty gets the federal protections by reference, minus the life-insurance subchapter. On state orders you can still cap a pre-service loan at 6% with the standard rate-cap letter, terminate a residential or auto lease on a qualifying activation, and raise the default-judgment and foreclosure shields. For a Massachusetts Guard member running the activation cycle, the rule is simple: federal or state orders, you cite the SCRA. On state orders, name § 13A as the bridge.

The part most states skip: a real remedy

What sets Massachusetts apart is enforcement. Many state SCRA analogs grant rights with no clear penalty for breaking them. Section 13A gives you a private right of action: sue for the greater of actual damages or $1,000, and if the violation was willful, knowing, or in bad faith, the greater of $5,000 or three times your damages, plus attorney fees. That changes how a creditor responds when you point to the statute.

The tax side is routine. Massachusetts taxes income, so a nonresident stationed here makes the standard duty-station tax election and pays the home state instead.

Work the Massachusetts list

  1. On any activation, federal or state, send the 6% cap letters on pre-service debt. On state orders, cite M.G.L. c. 33 § 13A as the bridge to the SCRA.
  2. PCS or 90+ day activation with a lease: use the lease exit and the termination calculator.
  3. Sued, served, or facing foreclosure while activated: raise the default-judgment and foreclosure shields under the imported SCRA.
  4. A lender or landlord ignores the law: document it and use the § 13A damages remedy, including the willful-violation multiplier and attorney fees.
  5. Stationed in Massachusetts from out of state: confirm the tax election so withholding follows your home state.
The law behind this: M.G.L. c. 33 § 13A

Massachusetts military forces receive the federal SCRA protections on state active duty, life insurance excepted, with an 8-year window and damages remedy: read the statute.

Frequently asked questions

Does Massachusetts cover the Guard on state active duty?

Yes, fully. M.G.L. c. 33 § 13A entitles members of the armed forces of the commonwealth to all the rights, protections, privileges, and immunities of the federal SCRA, except the life-insurance provisions. State active duty is the gap federal law ignores; Massachusetts closes it almost completely.

Which SCRA protections apply on Massachusetts state orders?

Effectively the whole toolkit, because § 13A imports the federal statute by reference: the 6% interest cap on pre-service debt, residential and motor-vehicle lease termination, default-judgment protection, the stay of proceedings, and foreclosure and eviction shields. Only the life-insurance subchapter is excluded.

What is the 8-year provision?

The federal SCRA limits cumulative protected service for some purposes. Massachusetts extends that window to 8 years of state military service, a meaningful expansion for long-serving Guard members who stack repeated state activations over a career.

What happens if a creditor or landlord violates it?

Massachusetts gives you teeth. A person aggrieved by a violation can sue for damages and equitable relief, recover the greater of actual damages or $1,000, and if the violation was willful, knowing, or in bad faith, recover the greater of $5,000 or triple damages, plus costs and reasonable attorney fees.

Sources

Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.

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