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50 U.S.C. § 3971 — Enforcement of storage liens
Federal law — U.S. Code and appendices · legal_authorities
**(a) Liens**
(1) **Limitation on foreclosure or enforcement** — A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) **Lien defined** — For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
**(b) Stay of proceedings** In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of [section 3953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim).
**(c) Misdemeanor** A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
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Source location: Title 50, Chapter 50, § 3971; chapter-050-servicemembers-civil-relief.md
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**(a) Liens**
(1) **Limitation on foreclosure or enforcement** — A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) **Lien defined** — For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.
**(b) Stay of proceedings** In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of [section 3953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3953&num=0&edition=prelim).
**(c) Misdemeanor** A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
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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) 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
Page 1005
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3972
motion,
and
shall
if
requested
by
a
servicemember whose ability to comply with the
obligation resulting in the proceeding is materi-
ally affected by military service—
(1) stay the proceeding for a period of time
as justice and equity require; or
(2) adjust the obligation to preserve the in-
terests of all parties.
The provisions of this subsection do not affect
the scope of section 3953 of this title.
(c) Misdemeanor
A person who knowingly takes an action con-
trary to this section, or 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, § 307, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851;
amended Pub. L. 111–275, title III, § 303(b)(7), Oct.
13, 2010, 124 Stat. 2878.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 537 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
AMENDMENTS
2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c)
generally. Prior to amendment, subsec. (c) related to
penalties.
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.
§ 3959. Extension of protections to dependents
Upon application to a court, a dependent of a
servicemember is entitled to the protections of
this subchapter if the dependent’s ability to
comply with a lease, contract, bailment, or
other obligation is materially affected by reason
of the servicemember’s military service.
(Oct. 17, 1940, ch. 888, title III, § 308, as added
Pub. L. 108–189, § 1, Dec. 19
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3971
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