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50 U.S.C. § 3918 — Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act
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)].
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Source file: Laws/federal/codes/united-states-code/title-50/section-3918-information-for-members-of-the-armed-forces-and-their-dependents-on-righ--55a5938c57.md
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Source location: Title 50, Chapter 50, § 3918; chapter-050-servicemembers-civil-relief.md
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**(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)].
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Servicemembers Civil Relief Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3911
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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) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3954
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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 986
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3901
Sec.
4024.
Health insurance reinstatement.
4025.
Guarantee of residency for military personnel
and spouses of military personnel.
4025a.
Portability
of
professional
licenses
of
servicemembers and their spouses.
4026.
Business or trade obligations.
4027.
Guarantee
of
residency
for
spouses
of
servicemembers.
SUBCHAPTER VIII—CIVIL LIABILITY
4041.
Enforcement by the Attorney General.
4042.
Private right of action.
4043.
Preservation of remedies.
Editorial Notes
CODIFICATION
The Servicemembers Civil Relief Act, comprising this
chapter, was originally enacted as act Oct. 17, 1940, ch.
888, 54 Stat. 1178, known as the Soldiers’ and Sailors’
Civil Relief Act of 1940, and amended by acts Oct. 6,
1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat.
722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch.
450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub.
L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept.
8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat.
768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L.
92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18,
1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat.
186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L.
107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act
Oct. 17, 1940, are shown herein, however, as having been
added by Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835,
without reference to the intervening amendments list-
ed above because of the extensive revision of act Oct.
17, 1940, by Pub. L. 108–189.
Act Oct. 17, 1940, ch. 888, as added Pub. L. 108–189, § 1,
Dec. 19, 2003, 117 Stat. 2835, comprising this chapter,
was formerly set out
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
Page 987
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3912
1 See References in Text note below.
SUBCHAPTER I—GENERAL PROVISIONS
§ 3911. Definitions
For the purposes of this chapter:
(1) Servicemember
The term ‘‘servicemember’’ means a member
of the uniformed services, as that term is de-
fined in section 101(a)(5) of title 10.
(2) Military service
The term ‘‘military service’’ means—
(A) in the case of a servicemember who is
a member of the Army, Navy, Air Force, Ma-
rine Corps, Space Force, or Coast Guard—
(i) active duty, as defined in section
101(d)(1) of title 10, and
(ii) in the case of a member of the Na-
tional Guard, includes service under a call
to active service authorized by the Presi-
dent or the Secretary of Defense for a pe-
riod of more than 30 consecutive days
under section 502(f) of title 32 for purposes
of responding to a national emergency de-
clared by the President and supported by
Federal funds;
(B) in the case of a servicemember who is
a commissioned officer of the Public Health
Service or the National Oceanic and Atmos-
pheric Administration, active service; and
(C)
any
period
during
which
a
servicemember is absent from duty on ac-
count of sickness, wounds, leave, or other
lawful cause.
(3) Period of military service
The term ‘‘period of military service’’ means
the period beginning on the date on which a
servicemember enters military service and
ending
on
the
date
on
which
the
servicemember is released from military serv-
ice or dies while in military service.
(4) Dependent
The term ‘‘dependent’’, with respect to a
servicemember, means—
(A) the servicemember’s spouse;
(B) the servicemember’s child (as defined
in section 101(4) of title 38); or
(C)
an
individual
for
whom
the
servicemember provided more tha
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3911
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Federal law — U.S. Code and appendices · legal_authorities
Page 990
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3918
Editorial Notes
REFERENCES IN TEXT
The Military Selective Service Act, referred to in
subsec. (b), is act June 24, 1948, ch. 625, 62 Stat. 604. For
complete classification of this Act to the Code, see Ref-
erences in Text note set out under section 3801 of this
title and Tables.
CODIFICATION
Section was formerly classified to section 516 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 106 of act Oct. 17, 1940, ch. 888, art. I,
as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770; amended
Pub. L. 102–12, § 9(5), Mar. 18, 1991, 105 Stat. 39, related
to extension of benefits to persons ordered to report for
induction or military service, prior to the general
amendment of this Act by Pub. L. 108–189.
AMENDMENTS
2023—Subsec. (c). Pub. L. 118–31 added subsec. (c).
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.
§ 3918. Waiver of rights pursuant to written
agreement
(a) In general
A servicemember may waive any of the rights
and protections provided by this chapter. Any
such waiver that applies to an action listed in
subsection (b) of this section is effective only if
it is in writing and is executed as an instrument
separate from the obligation or liability to
which it applies. In the case of a waiver that
permits an action described in subsection (b),
the waiver is effective only if made pursuant to
a written agreement of the parties that is exe-
cuted during or after the servicemember’s period
of military service. The written agreement shall
specif
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3918
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