Collapse to view only § 3932. Stay of proceedings when servicemember has notice
- § 3931. Protection of servicemembers against default judgments
- § 3932. Stay of proceedings when servicemember has notice
- § 3933. Fines and penalties under contracts
- § 3934. Stay or vacation of execution of judgments, attachments, and garnishments
- § 3935. Duration and term of stays; codefendants not in service
- § 3936. Statute of limitations
- § 3937. Maximum rate of interest on debts incurred before military service
- § 3938. Child custody protection
- § 3938a. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act
§ 3931. Protection of servicemembers against default judgments
(a) Applicability of section
(b) Affidavit requirement
(1) Plaintiff to file affidavit
In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—
(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.
(2) Appointment of attorney to represent defendant in military service
(3) Defendant’s military status not ascertained by affidavit
(4) Satisfaction of requirement for affidavit
(c) Penalty for making or using false affidavit
(d) Stay of proceedings
In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court’s own motion, if the court determines that—
(1) there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or
(2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.
(e) Inapplicability of section 3932 procedures
(f) Section 3932 protection
(g) Vacation or setting aside of default judgments
(1) Authority for court to vacate or set aside judgment
If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that—
(A) the servicemember was materially affected by reason of that military service in making a defense to the action; and
(B) the servicemember has a meritorious or legal defense to the action or some part of it.
(2) Time for filing application
(h) Protection of bona fide purchaser
(Oct. 17, 1940, ch. 888, title II, § 201, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840; amended Pub. L. 110–181, div. A, title V, § 584(a), Jan. 28, 2008, 122 Stat. 128.)
§ 3932. Stay of proceedings when servicemember has notice
(a) Applicability of section
This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1) is in military service or is within 90 days after termination of or release from military service; and
(2) has received notice of the action or proceeding.
(b) Stay of proceedings
(1) Authority for stay
(2) Conditions for stay
An application for a stay under paragraph (1) shall include the following:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
(c) Application not a waiver of defenses
(d) Additional stay
(1) Application
(2) Appointment of counsel when additional stay refused
(e) Coordination with section 3931
(f) Inapplicability to section 3951
(Oct. 17, 1940, ch. 888, title II, § 202, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108–454, title VII, § 703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110–181, div. A, title V, § 584(b), Jan. 28, 2008, 122 Stat. 128.)
§ 3933. Fines and penalties under contracts
(a) Prohibition of penalties
(b) Reduction or waiver of fines or penalties
If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—
(1) the servicemember was in military service at the time the fine or penalty was incurred; and
(2) the ability of the servicemember to perform the obligation was materially affected by such military service.
(Oct. 17, 1940, ch. 888, title II, § 203, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
§ 3934. Stay or vacation of execution of judgments, attachments, and garnishments
(a) Court action upon material affect determination
If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember—
(1) stay the execution of any judgment or order entered against the servicemember; and
(2) vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.
(b) Applicability
(Oct. 17, 1940, ch. 888, title II, § 204, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
§ 3935. Duration and term of stays; codefendants not in service
(a) Period of stay
(b) Codefendants
(c) Inapplicability of section
(Oct. 17, 1940, ch. 888, title II, § 205, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)
§ 3936. Statute of limitations
(a) Tolling of statutes of limitation during military service
(b) Redemption of real property
(c) Inapplicability to internal revenue laws
(Oct. 17, 1940, ch. 888, title II, § 206, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)
§ 3937. Maximum rate of interest on debts incurred before military service
(a) Interest rate limitation
(1) Limitation to 6 percent
An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember’s spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent—
(A) during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or
(B) during the period of military service, in the case of any other obligation or liability.
(2) Forgiveness of interest in excess of 6 percent
(3) Prevention of acceleration of principal
(b) Implementation of limitation
(1) Proof of military service
(A) In general
Not later than 180 days after the date of a servicemember’s termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
(i) the military orders calling the servicemember to military service and any orders further extending military service; or
(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.
(B) Independent verification by creditor
(i) In general
(ii) Safe harbor
A creditor that uses the information retrieved from the Defense Manpower Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—
(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and(II) the creditor has not, by the end of the 180-day period under subparagraph (A), received the written notice and documentation required under that subparagraph with respect to the servicemember.(2) Limitation effective as of date of order to active duty
(c) Creditor protection
(d) Definitions
In this section:
(1) Interest
(2) Obligation or liability
(e) Penalty
(Oct. 17, 1940, ch. 888, title II, § 207, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844; amended Pub. L. 110–289, div. B, title II, § 2203(b), July 30, 2008, 122 Stat. 2849; Pub. L. 110–389, title VIII, § 807, Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111–275, title III, § 303(b)(1), Oct. 13, 2010, 124 Stat. 2877; Pub. L. 115–232, div. A, title V, § 600, Aug. 13, 2018, 132 Stat. 1793.)
§ 3938. Child custody protection
(a) Duration of temporary custody order based on certain deployments
(b) Limitation on consideration of member’s deployment in determination of child’s best interest
(c) No Federal jurisdiction or right of action or removal
(d) Preemption
(e) Deployment defined
In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
(1) that are designated as unaccompanied;
(2) for which dependent travel is not authorized; or
(3) that otherwise do not permit the movement of family members to that location.
(Oct. 17, 1940, ch. 888, title II, § 208, as added Pub. L. 113–291, div. A, title V, § 566(a), Dec. 19, 2014, 128 Stat. 3384.)
§ 3938a. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act
The Secretaries of each of the military departments shall ensure that each member of the Armed Forces with dependents receives annually, and prior to each deployment, notice of the child custody protections afforded to members of the Armed Forces under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.).
(Pub. L. 114–328, div. A, title V, § 573, Dec. 23, 2016, 130 Stat. 2141.)