Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act.
Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction.
Waiver of rights pursuant to written agreement. Exercise of rights under chapter not to affect certain future financial transactions. Legal representatives.Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Relief Act.
The Servicemembers Civil Relief Act, comprising this chapter, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178 , known as the Soldiers' and Sailors' Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769 ; July 3, 1944, ch. 397, 58 Stat. 722 ; Apr. 3, 1948, ch. 170, 62 Stat. 160 ; June 23, 1952, ch. 450, 66 Stat. 151 ; July 11, 1956, ch. 570, 70 Stat. 528 ;
Dec. 6, 2002, 116 Stat. 2820 . Sections of the act Oct. 17, 1940, are shown herein, however, as having been added by
§1, Dec. 19, 2003, 117 Stat. 2835 , without reference to the intervening amendments listed above because of the extensive revision of act Oct. 17, 1940, by
Act Oct. 17, 1940, ch. 888, as added
§1, Dec. 19, 2003, 117 Stat. 2835 , comprising this chapter, was formerly set out in the Appendix to this title, prior to the elimination of the Appendix to this title and the editorial reclassification of the Act as this chapter. For disposition of sections of the former Appendix to this title, see Table II, set out preceding section 1 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!Sec. 3901 -->
This chapter may be cited as the "Servicemembers Civil Relief Act".
(Oct. 17, 1940, ch. 888, §1(a), as added
Section was formerly classified to section 501 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 1 of act Oct. 17, 1940, ch. 888, 54 Stat. 1178 , provided that this Act could be cited as the Soldiers' and Sailors' Relief Act of 1940, prior to the general amendment of this Act by
§3, Dec. 19, 2003, 117 Stat. 2866 , provided that: "The amendment made by section 1 [enacting this chapter] shall apply to any case that is not final before the date of the enactment of this Act [Dec. 19, 2003]."
§1, Jan. 5, 2021, 134 Stat. 4878 , provided that: "This Act [amending section 3956 of this title ] may be cited as the 'Protecting Families of Fallen Servicemembers Act'."
§1, Mar. 31, 2016, 130 Stat. 326 , provided that: "This Act [amending section 3953 of this title and provisions set out as notes under section 3953 of this title ] may be cited as the 'Foreclosure Relief and Extension for Servicemembers Act of 2015'."
§1, Dec. 18, 2014, 128 Stat. 3093 , provided that: "This Act [amending provisions set out as notes under section 3953 of this title ] may be cited as the 'Foreclosure Relief and Extension for Servicemembers Act of 2014'."
§1, Dec. 29, 2010, 124 Stat. 3622 , provided that: "This Act [amending provisions set out as a note under section 3953 of this title ] may be cited as the 'Helping Heroes Keep Their Homes Act of 2010'."
§1, Nov. 11, 2009, 123 Stat. 3007 , provided that: "This Act [amending sections 3998, 4001, and 4025 of this title and enacting provisions set out as notes under sections 3998, 4001, and 4025 of this title ] may be cited as the 'Military Spouses Residency Relief Act'."
§1, Mar. 18, 1991, 105 Stat. 34 , provided that: "This Act [see Tables for classification] may be cited as the 'Soldiers' and Sailors' Civil Relief Act Amendments of 1991'."
Act Oct. 6, 1942, ch. 581, §1, 56 Stat. 769 , provided: "That this Act [see Tables for classification] may be cited as the 'Soldiers' and Sailors' Civil Relief Act Amendments of 1942'."
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!Sec. 3902 -->
The purposes of this chapter are—
(1) to provide for, strengthen, and expedite the national defense through protection extended by this chapter to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and
(2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.
(Oct. 17, 1940, ch. 888, §2, as added
Section was formerly classified to section 502 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Provisions similar to this section were contained in section 100 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179 , prior to the general amendment of this Act by
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS -->
For the purposes of this chapter:
The term "servicemember" means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10 .
The term "military service" means—
(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard—
(i) active duty, as defined in section 101(d)(1) of title 10 , and
(ii) in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by Federal funds;
(B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and
(C) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.
The term "period of military service" means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.
The term "dependent", with respect to a servicemember, means—
(A) the servicemember's spouse;
(B) the servicemember's child (as defined in section 101(4) of title 38 ); or
(C) an individual for whom the servicemember provided more than one-half of the individual's support for 180 days immediately preceding an application for relief under this chapter.
The term "court" means a court or an administrative agency of the United States or of any State (including any political subdivision of a State), whether or not a court or administrative agency of record.
The term "State" includes—
(A) a commonwealth, territory, or possession of the United States; and
(B) the District of Columbia.
The term "Secretary concerned"—
(A) with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10 ;
(B) with respect to a commissioned officer of the Public Health Service, means the Secretary of Health and Human Services; and
(C) with respect to a commissioned officer of the National Oceanic and Atmospheric Administration, means the Secretary of Commerce.
The term "motor vehicle" has the meaning given that term in section 30102(a)(6) of title 49 . 1
The term "judgment" means any judgment, decree, order, or ruling, final or temporary.
(Oct. 17, 1940, ch. 888, title I, §101, as added
Section 30102(a)(6) of title 49 , referred to in par. (8), was redesignated section 30102(a)(7) of title 49 by
Section was formerly classified to section 511 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
title III, §305, Dec. 6, 2002, 116 Stat. 2826 , related to definitions, prior to the general amendment of this Act by
2023—Par. (2)(A).
inserted "Space Force," after "Marine Corps," in introductory provisions.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3912 -->
This chapter applies to—
(1) the United States;
(2) each of the States, including the political subdivisions thereof; and
(3) all territory subject to the jurisdiction of the United States.
This chapter applies to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this chapter. This chapter does not apply to criminal proceedings.
When under this chapter any application is required to be made to a court in which no proceeding has already been commenced with respect to the matter, such application may be made to any court which would otherwise have jurisdiction over the matter.
(Oct. 17, 1940, ch. 888, title I, §102, as added
Section was formerly classified to section 512 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
§9(2), Mar. 18, 1991, 105 Stat. 39 , related to territorial application, jurisdiction of courts, and form of procedure, prior to the general amendment of this Act by
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3913 -->
Whenever pursuant to this chapter a court stays, postpones, or suspends (1) the enforcement of an obligation or liability, (2) the prosecution of a suit or proceeding, (3) the entry or enforcement of an order, writ, judgment, or decree, or (4) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended.
When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment or decree.
A court may not enforce a bail bond during the period of military service of the principal on the bond when military service prevents the surety from obtaining the attendance of the principal. The court may discharge the surety and exonerate the bail, in accordance with principles of equity and justice, during or after the period of military service of the principal.
This chapter does not prevent a waiver in writing by a surety, guarantor, endorser, accommodation maker, comaker, or other person (whether primarily or secondarily liable on an obligation or liability) of the protections provided under subsections (a) and (b). Any such waiver is effective only if it is executed as an instrument separate from the obligation or liability with respect to which it applies.
If a waiver under paragraph (1) is executed by an individual who after the execution of the waiver enters military service, or by a dependent of an individual who after the execution of the waiver enters military service, the waiver is not valid after the beginning of the period of such military service unless the waiver was executed by such individual or dependent during the period specified in section 3917 of this title .
(Oct. 17, 1940, ch. 888, title I, §103, as added
Section was formerly classified to section 513 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
§9(3), Mar. 18, 1991, 105 Stat. 39 , related to protection of persons secondarily liable, prior to the general amendment of this Act by
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3914 -->
A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this chapter if that service with the allied force is similar to military service as defined in this chapter. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.
(Oct. 17, 1940, ch. 888, title I, §104, as added
Section was formerly classified to section 514 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 104 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770 , related to extension of benefits to citizens serving with forces of war allies, prior to the general amendment of this Act by
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3915 -->
The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.
(Oct. 17, 1940, ch. 888, title I, §105, as added
Section was formerly classified to section 515 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 105 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770 ; amended
§9(4), Mar. 18, 1991, 105 Stat. 39 , related to notice of benefits to persons in and persons entering military service, prior to the general amendment of this Act by
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3916 -->
The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [ 50 U.S.C. 3901 et seq. ].
The information required to be provided under subsection (a) to a member shall be provided at the following times:
(1) During the initial orientation training of the member.
(2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year.
(3) At such other times as the Secretary concerned considers appropriate.
The Secretary concerned may provide to the adult dependents of members under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act [ 50 U.S.C. 3901 et seq. ].
In this section, the terms "dependent" and "Secretary concerned" have the meanings given such terms in section 101 of the Servicemembers Civil Relief Act [ 50 U.S.C. 3911 ].
The Servicemembers Civil Relief Act, referred to in subsecs. (a) and (c), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178 , which is classified generally to this chapter. For complete classification of this Act to the Code, see section 3901 of this title and Tables.
Section was formerly classified to section 515a of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2006, and not as part of the Servicemembers Civil Relief Act which comprises this chapter.
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3917 -->
A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period beginning on the date of the member's receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).
A person who has been ordered to report for induction under the Military Selective Service Act [ 50 U.S.C. 3801 et seq. ] is entitled to the rights and protections provided a servicemember under this subchapter and subchapters II and III during the period beginning on the date of receipt of the order for induction and ending on the date on which the person reports for induction (or, if the order to report for induction is revoked before the date on which the person reports for induction, on the date on which the order is revoked).
The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service.
(Oct. 17, 1940, ch. 888, title I, §106, as added
For provisions relating to termination of induction for training and service in the Armed Forces after July 1, 1973, see section 3815(c) of this title .
The Military Selective Service Act, referred to in subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604 . For complete classification of this Act to the Code, see References in Text note set out under section 3801 of this title and Tables.
Section was formerly classified to section 516 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 106 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770 ; amended
§9(5), Mar. 18, 1991, 105 Stat. 39 , related to extension of benefits to persons ordered to report for induction or military service, prior to the general amendment of this Act by
2023—Subsec. (c).
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3918 -->
A servicemember may waive any of the rights and protections provided by this chapter. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember's period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.
The requirement in subsection (a) for a written waiver applies to the following:
(1) The modification, termination, or cancellation of—
(A) a contract, lease, or bailment; or
(B) an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.
(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—
(A) is security for any obligation; or
(B) was purchased or received under a contract, lease, or bailment.
Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.
For the purposes of this section—
(1) a person to whom section 3917 of this title applies shall be considered to be a servicemember; and
(2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.
(Oct. 17, 1940, ch. 888, title I, §107, as added
Section was formerly classified to section 517 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 107 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770 , related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by
2004—Subsec. (a).
§702(1), inserted after first sentence: "Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies."
§702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3919 -->
Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:
(1) A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.
(2) With respect to a credit transaction between a creditor and the servicemember—
(A) a denial or revocation of credit by the creditor;
(B) a change by the creditor in the terms of an existing credit arrangement; or
(C) a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms requested.
(3) An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information.
(4) A refusal by an insurer to insure the servicemember.
(5) An annotation in a servicemember's record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component or as a member of the Space Force.
(6) A change in the terms offered or conditions required for the issuance of insurance.
(Oct. 17, 1940, ch. 888, title I, §108, as added
Section was formerly classified to section 518 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 108 of act Oct. 17, 1940, ch. 888, art. I, as added
§7, Mar. 18, 1991, 105 Stat. 38 , related to the effect of certain future financial transactions on the exercise of rights, prior to the general amendment of this Act by
inserted "or as a member of the Space Force" before period at end.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER I-GENERAL PROVISIONS!@!Sec. 3920 -->
A legal representative of a servicemember for purposes of this chapter is either of the following:
(1) An attorney acting on the behalf of a servicemember.
(2) An individual possessing a power of attorney.
Whenever the term "servicemember" is used in this chapter, such term shall be treated as including a reference to a legal representative of the servicemember.
(Oct. 17, 1940, ch. 888, title I, §109, as added
Section was formerly classified to section 519 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF -->
This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.
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.
If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.
If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this chapter.
The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
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.
A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 3932 of this title .
If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 3932 of this title .
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.
An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service.
If a court vacates, sets aside, or reverses a default judgment against a servicemember and the vacating, setting aside, or reversing is because of a provision of this chapter, that action shall not impair a right or title acquired by a bona fide purchaser for value under the default judgment.
(Oct. 17, 1940, ch. 888, title II, §201, as added
Section was formerly classified to section 521 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 201 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181 , related to stay of proceedings where military service affects conduct thereof, prior to the general amendment of this Act by
. See section 3932 of this title .
Provisions similar to this section were contained in section 200 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1180 ;
§§1, 2, Sept. 8, 1960, 74 Stat. 820 , prior to the general amendment of this Act by
2008—Subsec. (a).
inserted ", including any child custody proceeding," after "proceeding".
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3932 -->
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.
At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.
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.
An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional stay based on continuing material affect of military duty on the servicemember's ability to appear. Such an application may be made by the servicemember at the time of the initial application under subsection (b) or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under subsection (b)(2) shall be included in an application under this subsection.
If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding.
A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 3931 of this title .
The protections of this section do not apply to section 3951 of this title .
(Oct. 17, 1940, ch. 888, title II, §202, as added
Section was formerly classified to section 522 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 202 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181 , related to fines and penalties on contracts, prior to the general amendment of this Act by
. See section 3933 of this title .
2008—Subsec. (a).
inserted ", including any child custody proceeding," after "civil action or proceeding" in introductory provisions.
2004—Subsec. (a).
inserted "plaintiff or" before "defendant" in introductory provisions.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
"(a) Stay of Action or Proceeding .—In any judicial action or proceeding (other than a criminal proceeding) in which a member of the Armed Forces described in subsection (b) is involved (either as plaintiff or defendant), the court shall, upon application by such member (or some other person on the member's behalf) at any stage before final judgment is entered, stay the action or proceeding until a date after June 30, 1991.
"(b) Members Covered .—A member of the Armed Forces is covered by subsection (a) if at the time of application for the stay of a judicial action or proceeding the member—
"(1) is on active duty; and
"(2) is serving outside the State in which the court having jurisdiction over the action or proceeding is located.
"(c) Definition .—For purposes of this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam."
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3933 -->
When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.
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
Section was formerly classified to section 523 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 203 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181 , related to stay or vacation of execution of judgments and attachments, prior to the general amendment of this Act by
. See section 3934 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3934 -->
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.
This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember's military service or within 90 days after such service terminates.
(Oct. 17, 1940, ch. 888, title II, §204, as added
Section was formerly classified to section 524 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 204 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181 , related to duration and term of stays and codefendants not in service, prior to the general amendment of this Act by
. See section 3935 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3935 -->
A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.
If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.
This section does not apply to sections 3932 and 4021 of this title .
(Oct. 17, 1940, ch. 888, title II, §205, as added
Section was formerly classified to section 525 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
§9(6), Mar. 18, 1991, 105 Stat. 39 , related to statutes of limitations as affected by period of service, prior to the general amendment of this Act by
. See section 3936 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3936 -->
The period of a servicemember's military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember's heirs, executors, administrators, or assigns.
A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.
This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.
(Oct. 17, 1940, ch. 888, title II, §206, as added
Section was formerly classified to section 526 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 206 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 6, 1942, ch. 581, §6, 56 Stat. 771 ; amended
§9(7), Mar. 18, 1991, 105 Stat. 39 , related to maximum rate of interest, prior to the general amendment of this Act by
. See section 3937 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3937 -->
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.
Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is forgiven.
The amount of any periodic payment due from a servicemember under the terms of the instrument that created an obligation or liability covered by this section shall be reduced by the amount of the interest forgiven under paragraph (2) that is allocable to the period for which such payment is made.
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.
A creditor may use, in lieu of notice and documentation under subparagraph (A), information retrieved from the Defense Manpower Data Center through the creditor's normal business reviews of such Center for purposes of obtaining information indicating that the servicemember is on active duty.
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.
Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service.
A court may grant a creditor relief from the limitations of this section if, in the opinion of the court, the ability of the servicemember to pay interest upon the obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of the servicemember's military service.
In this section:
The term "interest" includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or liability.
The term "obligation or liability" includes an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage.
Whoever knowingly violates subsection (a) shall be fined as provided in title 18, imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title II, §207, as added
Section was formerly classified to section 527 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 207 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 21, 1942, ch. 619, title V, §507(b)(2)(B), 56 Stat. 964 , related to limitations prescribed by internal revenue laws as affected by period of service, prior to the general amendment of this Act by
. See section 3936 of this title .
2018—Subsec. (b)(1).
amended par. (1) generally. Prior to amendment, text read as follows: "In order for an obligation or liability of a 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 the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service."
2010—Subsec. (f).
struck out subsec. (f). Text read as follows: "The penalties provided under subsection (e) are in addition to and do not preclude any other remedy available under law to a person claiming relief under this section, including any award for consequential or punitive damages."
2008—Subsec. (a)(1).
§2203(b)(1), substituted "in excess of 6 percent—" for "in excess of 6 percent per year during the period of military service." and added subpars. (A) and (B).
§2203(b)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "As used in this section, the term 'interest' includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or liability."
added subsecs. (e) and (f).
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3938 -->
If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.
If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
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
Section was formerly classified to section 528 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER II-GENERAL RELIEF!@!Sec. 3938a -->
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. ).
The Servicemembers Civil Relief Act, referred to in text, is act Oct. 17, 1940, ch. 888, 54 Stat. 1178 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Servicemembers Civil Relief Act which comprises this chapter.
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS -->
title III, §304(b)(2)(A), Dec. 31, 2018, 132 Stat. 5375 , substituted "RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS" for "RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, TELEPHONE SERVICE CONTRACTS" in heading.
title III, §302(b), Oct. 13, 2010, 124 Stat. 2876 , inserted ", TELEPHONE SERVICE CONTRACTS" after "LEASES" in heading.
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS!@!Sec. 3951 -->
Except by court order, a landlord (or another person with paramount title) may not—
(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—
(i) that are occupied or intended to be occupied primarily as a residence; and
(ii) for which the monthly rent does not exceed $2,400, as adjusted under paragraph (2) for years after 2003; or
(B) subject such premises to a distress during the period of military service.
(A) For calendar years beginning with 2004, the amount in effect under paragraph (1)(A)(ii) shall be increased by the housing price inflation adjustment for the calendar year involved.
(B) For purposes of this paragraph—
(i) The housing price inflation adjustment for any calendar year is the percentage change (if any) by which—
(I) the CPI housing component for November of the preceding calendar year, exceeds
(II) the CPI housing component for November of 1984.
(ii) The term "CPI housing component" means the index published by the Bureau of Labor Statistics of the Department of Labor known as the Consumer Price Index, All Urban Consumers, Rent of Primary Residence, U.S. City Average.
The Secretary of Defense shall cause to be published in the Federal Register each year the amount in effect under paragraph (1)(A)(ii) for that year following the housing price inflation adjustment for that year pursuant to paragraph (2). Such publication shall be made for a year not later than 60 days after such adjustment is made for that year.
Upon an application for eviction or distress with respect to premises covered by this section, the court may on its own motion and shall, if a request is made by or on behalf of a servicemember whose ability to pay the agreed rent is materially affected by military service—
(A) stay the proceedings for a period of 90 days, unless in the opinion of the court, justice and equity require a longer or shorter period of time; or
(B) adjust the obligation under the lease to preserve the interests of all parties.
If a stay is granted under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require.
Except as provided in subsection (a), a person who knowingly takes part in an eviction or distress described in subsection (a), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
To the extent required by a court order related to property which is the subject of a court action under this section, the Secretary concerned shall make an allotment from the pay of a servicemember to satisfy the terms of such order, except that any such allotment shall be subject to regulations prescribed by the Secretary concerned establishing the maximum amount of pay of servicemembers that may be allotted under this subsection.
Section 3932 of this title is not applicable to this section.
(Oct. 17, 1940, ch. 888, title III, §301, as added
Section was formerly classified to section 531 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
§9(9), Mar. 18, 1991, 105 Stat. 40 , related to installment contracts for purchase of property, prior to the general amendment of this Act by
. See section 3952 of this title .
Provisions similar to this section were contained in section 300 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1181 ; Oct. 6, 1942, ch. 581, §8, 56 Stat. 771 ;
§§2(a), (b), 9(8), Mar. 18, 1991, 105 Stat. 34 , 39, prior to the general amendment of this Act by
2010—Subsec. (c).
amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS!@!Sec. 3952 -->
After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person's military service, nor may the property be repossessed for such breach without a court order.
This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title , or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
In a hearing based on this section, the court—
(1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2) may, on its own motion, and shall on application by a servicemember when the servicemember's ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
(3) may make other disposition as is equitable to preserve the interests of all parties.
(Oct. 17, 1940, ch. 888, title III, §302, as added
Section was formerly classified to section 532 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
§9(9), (10), Mar. 18, 1991, 105 Stat. 40 , related to mortgages and trust deeds, prior to the general amendment of this Act by
. See section 3953 of this title .
2010—Subsec. (b).
amended subsec. (b) generally. Prior to amendment, subsec. (b) related to penalties.
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS!@!Sec. 3953 -->
This section applies only to an obligation on real or personal property owned by a servicemember that—
(1) originated before the period of the servicemember's military service and for which the servicemember is still obligated; and
(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
In an action filed during, or within one year after, a servicemember's period of military service to enforce an obligation described in subsection (a), the court may after a hearing and on its own motion and shall upon application by a servicemember when the servicemember's ability to comply with the obligation is materially affected by military service—
(1) stay the proceedings for a period of time as justice and equity require, or
(2) adjust the obligation to preserve the interests of all parties.
A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) shall not be valid if made during, or within one year after, the period of the servicemember's military service except—
(1) upon a court order granted before such sale, foreclosure, or seizure with a return made and approved by the court; or
(2) if made pursuant to an agreement as provided in section 3918 of this title .
A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
(Oct. 17, 1940, ch. 888, title III, §303, as added
Section was formerly classified to section 533 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 303 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772 , related to settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property, prior to the general amendment of this Act by
. See section 3954 of this title .
Another prior section 303 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1183 , related to stay of action to resume possession of motor vehicle, tractor, or their accessories, encumbered by purchase money mortgage, conditional sales contract, etc., prior to repeal by act Oct. 6, 1942, ch. 581, §11, 56 Stat. 772 .
2018—Subsecs. (b), (c).
§710(d)(1), (3). See 2012 Amendment notes below.
2012—Subsecs. (b), (c).
§710(d)(3), as amended, which would have revived the provisions of subsecs. (b) and (c) as in effect on July 29, 2008, was repealed by
§710(a), (b), substituted "within one year" for "within 9 months" in introductory provisions.
2010—Subsec. (d).
amended subsec. (d) generally. Prior to amendment, subsec. (d) related to penalties.
2008—Subsecs. (b), (c).
substituted "9 months" for "90 days" in introductory provisions.
title VII, §710(c), Aug. 6, 2012, 126 Stat. 1208 , provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012]."
div. A, title V, §557(1), Dec. 12, 2017, 131 Stat. 1405 , which provided that the amendments made by subsecs. (a) and (b) of section 710 of
(amending this section) would expire on Dec. 31, 2019, was repealed by
div. A, title V, §557(2), Dec. 12, 2017, 131 Stat. 1405 , which provided that, effective Jan. 1, 2020, the provisions of subsecs. (b) and (c) of this section, as in effect on July 29, 2008, would be revived, was repealed by
title VII, §710(d)(2), Aug. 6, 2012, 126 Stat. 1208 , provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [July 30, 2008]."
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS!@!Sec. 3954 -->
When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.
Based on the appraisal, and if undue hardship to the servicemember's dependents will not result, the court may order that the amount of the servicemember's equity in the property be paid to the servicemember, or the servicemember's dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.
(Oct. 17, 1940, ch. 888, title III, §304, as added
Section was formerly classified to section 534 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 304 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772 ; amended
§9(9), Mar. 18, 1991, 105 Stat. 40 , related to termination of leases by lessees, prior to the general amendment of this Act by
. See section 3955 of this title .
Section applicable to any case not final before Dec. 19, 2003, see section 3 of
set out as a note under section 3901 of this title .
CHAPTER 50 -SERVICEMEMBERS CIVIL RELIEF!@!SUBCHAPTER III-RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS!@!Sec. 3955 -->
The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after—
(A) the lessee's entry into military service;
(B) the date of the lessee's military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be; or
(C) the date of the lessee's stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be.
A lessee's termination of a lease pursuant to this subsection shall terminate any obligation a dependent of the lessee may have under the lease.
The spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10 ).
If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—
(i) the lessee may terminate the lease; or
(ii) in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease.
In this paragraph:
(i) The term "catastrophic injury or illness" has the meaning given that term in section 439(g) of title 37 .
(ii) The term "covered service" means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10 ).
This section applies to the following leases:
A lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose if—
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service;
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or
(C) the servicemember, while in military service—
(i) executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and
(ii) thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember's dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.
A lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation if—
(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service under a call or order specifying a period of not less than 180 days (or who enters military service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of military service to a period of not less than 180 days);
(B) the servicemember, while in military service, executes the lease and thereafter receives military orders—
(i) for a change of permanent station—
(I) from a location in the continental United States to a location outside the continental United States; or
(II) from a location in a State outside the continental United States to any location outside that State; or
(ii) to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or
(C) the servicemember, while in military service—
(i) executes a lease upon receipt of military orders described in subparagraph (B); and
(ii) thereafter receives a stop movement order issued by the Secretary concerned in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember's dependents, from using the vehicle for personal or business transportation.
Termination of a lease under subsection (a) is made—
(A) by delivery by the lessee of written notice of such termination, and a copy of the servicemember's military orders, to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee); and
(B) in the case of a lease of a motor vehicle, by return of the motor vehicle by the lessee to the lessor (or the lessor's grantee), or to the lessor's agent (or the agent's grantee), not later than 15 days after the date of the delivery of written notice under subparagraph (A).
Delivery of notice under paragraph (1)(A) may be accomplished—
(A) by hand delivery;
(B) by private business carrier;
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails; or
(D) by electronic means, including—
(i) the direct delivery of material to an electronic address designated by the lessor (or the lessor's grantee) or the lessor's agent (or the agent's grantee);
(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to the lessee, the lessor (or the lessor's grantee), or the lessor's agent (or the agent's grantee); and
(iii) other electronic means reasonably calculated to ensure actual receipt of the material by the lessor (or the lessor's grantee) or the lessor's agent (or the agent's grantee).
In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
In the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination.
In the case of a lease described in subsection (b)(2), termination of the lease under subsection (a) is effective on the day on which the requirements of subsection (c) are met for such termination.
Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Lease amounts for a lease described in subsection (b)(2) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear or use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.
Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the lessor's assignee or the assignee's agent) within 30 days of the effective date of the termination of the lease.
Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.
Any person who knowingly seizes, holds, or detains the personal effects, security deposit, or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
In this section:
The term "military orders", with respect to a servicemember, means official military orders (including orders for separation or retirement), or any notification, certification, or verification from the servicemember's commanding officer, with respect to the servicemember's current or future military duty status.
The term "continental United States" means the 48 contiguous States and the District of Columbia.
The term "permanent change of station" includes separation or retirement from military service.
(Oct. 17, 1940, ch. 888, title III, §305, as added