If you sue someone while they're in the military for events that prior to enlisting does the ss

I had a roommate that I kicked out because he wouldn't pay full rent, I caught him stealing from me, and he had abandoned a dog in the garage that I didn't use without me knowing about it. When I found the dog (almost dead) I told him to come get what he can and make arrangements to get the rest of his stuff from me because he is no longer welcomed. He had caused some damage to the property while he was living here, and because it took a few months to get estimates for the damages he had time to enlist in the military. To make a long story short he has been able to evade me serving him with a court date. When I talked to the judge about what was going on he said until he is off of active duty I can't do anything. Is there anything I can do to get this guy in court since the events I'm taking him to court for happened before he enlisted?

If you sue someone while they're in the military for events that prior to enlisting does the sscra still applyhome theater

Your hands are tied like the judge said. You gotta wait. Federal law which preempts state law. Statute of limitations will be tolled until such time as he can be legally served.

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If you sue someone while they're in the military for events that prior to enlisting does the sscra still applycomedy club opera theater

Yes it does.

However, the Act does not mean that you can't do anything until he's off active duty.

The Act does NOT give servicemen "Carte Blanche" to avoid their legal obligations. What it requires judges to do is take military service into account, and give servicemen "equitable relief" in considering how to handle a lawsuit.

If your ex-roommate is based in the US, and you can find him and serve him, there's no reason a judge shouldn't let the suit proceed.

On the other hand, if he's in Iraq and your State allows service by publication, a judge should rule that - since he can't get back to defend the suit - the trial should be postponed until he's back.

Richard