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50 U.S.C. § 3954 — Protection under installment contracts for purchase or lease
Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection upon breach of contract**
(1) **Protection after entering military service** — 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may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such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.
(2) **Applicability** — 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.
**(b) Misdemeanor** A person who knowingly resumes possession of property in violation of subsection (a), or in violation of [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim), 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.
**(c) Authority of court** 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.
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Stable record: federal_law:legal_authorities:record_usc_33ad55814837554cdb30c066
Source file: Laws/federal/codes/united-states-code/title-50/section-3954-protection-under-installment-contracts-for-purchase-or-lease--f62c9d66b6.md
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Source location: Title 50, Chapter 50, § 3954; chapter-050-servicemembers-civil-relief.md
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**(a) Protection upon breach of contract**
(1) **Protection after entering military service** — 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.
(2) **Applicability** — 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.
**(b) Misdemeanor** A person who knowingly resumes possession of property in violation of subsection (a), or in violation of [section 3918 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim), 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.
**(c) Authority of court** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Court-ordered eviction**
(1) **In general** — 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.
(2) **Housing price inflation adjustment**
(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.
(3) **Publication of housing price inflation adjustment** — 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.
**(b) Stay of execution**
(1) **Court authority** — Upon an
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3953
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Outreach to members** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.].
**(b) Time of provision** 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.
**(c) Outreach to dependents** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3901&num=0&edition=prelim) et seq.].
**(d) Definitions** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3911&num=0&edition=prelim)].
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3918
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mortgage as security** 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.
**(b) Stay of proceedings and adjustment of obligation** 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.
**(c) Sale or foreclosure** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3918&num=0&edition=prelim).
**(d) Misdemeanor** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3955
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Federal law — U.S. Code and appendices · legal_authorities
Page 999
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3955
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 2012
AMENDMENT; REVIVAL
Pub. L. 112–154, 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].’’
Pub. L. 112–154, title VII, § 710(d)(1), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(1), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(1), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, div. A, title V, § 557(1), Dec.
12, 2017, 131 Stat. 1405, which provided that the amend-
ments made by subsecs. (a) and (b) of section 710 of
Pub. L. 112–154 (amending this section) would expire on
Dec. 31, 2019, was repealed by Pub. L. 115–174, title III,
§ 313, May 24, 2018, 132 Stat. 1356.
Pub. L. 112–154, title VII, § 710(d)(3), Aug. 6, 2012, 126
Stat. 1208, as amended by Pub. L. 113–286, § 2(2), Dec. 18,
2014, 128 Stat. 3093; Pub. L. 114–142, § 2(2), Mar. 31, 2016,
130 Stat. 326; Pub. L. 115–91, 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 Pub. L. 115–174, title III, § 313, May 24,
2018, 132 Stat. 1356.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–289, div. B, title II, § 2203(c), July 30, 2008,
122 Stat. 2850, as amended by Pub. L. 111–346, § 2, Dec. 29,
2010, 124 Stat. 3622; Pub. L. 112–154, title VII, § 710(d)(2),
Aug. 6, 2012, 126 Stat. 1208, provided that: ‘‘The amend-
ments made by subsection (a) [amending this section]
shall take effect on
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3954
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.