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50 U.S.C. § 3931 — Exercise of rights under chapter not to affect certain future financial transactions
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-50/section-3931-exercise-of-rights-under-chapter-not-to-affect-certain-future-financial--e267a03acc.md
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Source location: Title 50, Chapter 50, § 3931; chapter-050-servicemembers-civil-relief.md
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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.
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 991
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3931
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 condi-
tions required for the issuance of insurance.
(Oct. 17, 1940, ch. 888, title I, § 108, as added Pub.
L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840; amend-
ed Pub. L. 118–31, div. A, title XVII, § 1742(c)(3),
Dec. 22, 2023, 137 Stat. 681.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 518 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 108 of act Oct. 17, 1940, ch. 888, art. I,
as added Pub. L. 102–12, § 7, Mar. 18, 1991, 105 Stat. 38, re-
lated to the effect of certain future financial trans-
actions on the exercise of rights, prior to the general
amendment of this Act by Pub. L. 108–189.
AMENDMENTS
2023—Par. (5). Pub. L. 118–31 inserted ‘‘or as a member
of the Space Force’’ before period at end.
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.
§ 3920. Legal representatives
(a) Representative
A legal representative of a servicemember for
purposes of this chapter is either of the fol-
lowing:
(1) An attorney acting on the behalf of a
servicemember.
(2) An ind
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3931
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.