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50 U.S.C. § 4021 — Certificates of service; persons reported missing

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4021 — Certificates of service; persons reported missing

**(a) Prima facie evidence** In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate: (1) That a person named is, is not, has been, or has not been in military service. (2) The time and the place the person entered military service. (3) The person’s residence at the time the person entered military service. (4) The rank, branch, and unit of military service of the person upon entry. (5) The inclusive dates of the person’s military service. (6) The monthly pay received by the person at the date of the certificate’s issuance. (7) The time and place of the person’s termination of or release from military service, or the person’s death during military service. **(b) Certificates** The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it. **(c) Treatment of servicemembers in missing status** A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4021

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Stable record: federal_law:legal_authorities:record_usc_387820ddd70bdd6334aebc93
Source file: Laws/federal/codes/united-states-code/title-50/section-4021-certificates-of-service-persons-reported-missing--26620900e2.md
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Passage SHA-256: 84960729f9feae0237e1dad9a5708f0148149e75bd5ed76525410bf743dd121b

Source location: Title 50, Chapter 50, § 4021; chapter-050-servicemembers-civil-relief.md

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**(a) Prima facie evidence** In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate: (1) That a person named is, is not, has been, or has not been in military service. (2) The time and the place the person entered military service. (3) The person’s residence at the time the person entered military service. (4) The rank, branch, and unit of military service of the person upon entry. (5) The inclusive dates of the person’s military service. (6) The monthly pay received by the person at the date of the certificate’s issuance. (7) The time and place of the person’s termination of or release from military service, or the person’s death during military service. **(b) Certificates** The Secretary concerned shall furnish a certificate under subsection (a) upon receipt of an application for such a certificate. A certificate appearing to be signed by the Secretary concerned is prima facie evidence of its contents and of the signer’s authority to issue it. **(c) Treatment of servicemembers in missing status** A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this chapter that begins or ends with the death of a servicemember does not begin or end until the servicemember’s death is reported to, or determined by, the Secretary concerned or by a court of competent jurisdiction.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4013 — Inappropriate use of chapter

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4013

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3901 — Private right of action

**(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

50 U.S.C. § 4021 — Anticipatory relief

Page 1015 TITLE 50—WAR AND NATIONAL DEFENSE § 4022 1 So in original. Probably should be ‘‘Effect’’. SUBCHAPTER VII—FURTHER RELIEF § 4021. Anticipatory relief (a) Application for relief A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for re- lief— (1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or (2) from a tax or assessment falling due be- fore or during the servicemember’s military service. (b) Tax liability or assessment In a case covered by subsection (a), the court may, if the ability of the servicemember to com- ply with the terms of such obligation or liability or pay such tax or assessment has been materi- ally affected by reason of military service, after appropriate notice and hearing, grant the fol- lowing relief: (1) Stay of enforcement of real estate contracts (A) In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation— (i) during the servicemember’s period of military service; and (ii) from the date of termination of or re- lease from military service, or from the date of application if made after termination of or release from military service. (B) Any stay under this paragraph shall be— (i) for a period equal to the remaining life of the installment contract or other instru- ment, plus a period of time equal to the pe- riod of military service of the servicemember, or any part of such com- bined period; and (ii) subject to payment of the balance of the principal and accum

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4021

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