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50 U.S.C. § 4023 — Anticipatory relief
Federal law — U.S. Code and appendices · legal_authorities
**(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 relief—
(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 before 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 comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following 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 release 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 instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
(ii) subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the c
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Stable record: federal_law:legal_authorities:record_usc_e0de7b007ecaa00b2e82dcc3
Source file: Laws/federal/codes/united-states-code/title-50/section-4023-anticipatory-relief--5c85c1ddf7.md
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Source location: Title 50, Chapter 50, § 4023; chapter-050-servicemembers-civil-relief.md
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**(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 relief—
(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 before 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 comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following 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 release 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 instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
(ii) subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
(2) **Stay of enforcement of other contracts**
(A) In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement—
(i) during the servicemember’s military service; and
(ii) from the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
(B) Any stay under this paragraph shall be—
(i) for a period of time equal to the period of the servicemember’s military service or any part of such period; and
(ii) subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
**(c) Affect 11 So in original. Probably should be “Effect”. of stay on fine or penalty** When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.
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Federal law — U.S. Code and appendices · legal_authorities
An interlocutory order issued by a court under this chapter may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4022
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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
**(a) Automatic extension** A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in [section 551(2) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551/2&num=0&edition=prelim)) if the power of attorney—
(1) was duly executed by the servicemember—
(A) while in military service; or
(B) before entry into military service but after the servicemember—
(i) received a call or order to report for military service; or
(ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;
(2) designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and
(3) expires by its terms after the servicemember entered a missing status.
**(b) Limitation on power of attorney extension** A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4024
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Federal law — U.S. Code and appendices · legal_authorities
Page 1016
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4023
section (a) if the document by its terms clearly
indicates that the power granted expires on the
date specified even though the servicemember,
after the date of execution of the document, en-
ters a missing status.
(Oct. 17, 1940, ch. 888, title VII, § 702, as added
Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2861.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 592 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIONS
A prior section 702 of act Oct. 17, 1940, ch. 888, art.
VII, as added Pub. L. 102–12, § 4, Mar. 18, 1991, 105 Stat.
34; amended Pub. L. 104–106, div. A, title XV, § 1501(e)(3),
Feb. 10, 1996, 110 Stat. 501, related to professional liabil-
ity protection for certain persons ordered to active
duty in armed forces, prior to the general amendment
of this Act by Pub. L. 108–189. See section 4023 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.
§ 4023. Professional liability protection
(a) Applicability
This section applies to a servicemember who—
(1) after July 31, 1990, is ordered to active
duty (other than for training) pursuant to sec-
tions 688, 12301(a), 12301(g), 12302, 12304, 12306,
or 12307 of title 10 or who is ordered to active
duty under section 12301(d) of such title during
a period when members are on active duty
pursuant to any of the preceding sections; and
(2) immediately before receiving the order to
active duty—
(A) was engaged in the furnishing of
health-care or legal services or other serv-
ices
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4023
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