Browse Arkansas Code titles and sections
50 U.S.C. § 3935 — Fines and penalties under contracts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition of penalties** 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.
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3935
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 835af9e74ac2e8fdb998e94ee33c3f99b32ea75340347a6496a9aab7056529ef. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_545b57eca075e715fca09e72
Source file: Laws/federal/codes/united-states-code/title-50/section-3935-fines-and-penalties-under-contracts--af876baf8a.md
Pages: Not recorded – Not recorded
Passage SHA-256: bf5a2b9b0aed9db2af086d7cae330a25a620fa08fce4e34a6b640aa0e3772b2a
Source location: Title 50, Chapter 50, § 3935; chapter-050-servicemembers-civil-relief.md
Stored source content
**(a) Prohibition of penalties** 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.
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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** — 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.
(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** 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).
**(d) Additional stay**
(1) **Application** — A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3934
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3936
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 994
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3935
(2) vacate or stay an attachment or garnish-
ment of property, money, or debts in the pos-
session of the servicemember or a third party,
whether before or after judgment.
(b) Applicability
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 Pub.
L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 524 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
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 Pub. L. 108–189. See section
3935 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3935. Duration and term of stays; codefendants
not in service
(a) Period of stay
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.
(b) Codefendants
If the servicemember is a codefendant with
others who are not in military service and who
are not entitled to the relief
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3935
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.