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50 U.S.C. § 3936 — Stay or vacation of execution of judgments, attachments, and garnishments
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
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Stable record: federal_law:legal_authorities:record_usc_e89dd52089884f827178dd3f
Source file: Laws/federal/codes/united-states-code/title-50/section-3936-stay-or-vacation-of-execution-of-judgments-attachments-and-garnishments--dff44503a9.md
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Source location: Title 50, Chapter 50, § 3936; chapter-050-servicemembers-civil-relief.md
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**(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.
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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
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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) 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 and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.
**(c) Inapplicability of section** This section does not apply to sections 3932 and 4021 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3937
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interest rate limitation**
(1) **Limitation to 6 percent** — An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember’s spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent—
(A) during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or
(B) during the period of military service, in the case of any other obligation or liability.
(2) **Forgiveness of interest in excess of 6 percent** — Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is forgiven.
(3) **Prevention of acceleration of principal** — The amount of any periodic payment due from a servicemember under the terms of the instrument that created an obligation or liability covered by this section shall be reduced by the amount of the interest forgiven under paragraph (2) that is allocable to the period for which such payment is made.
**(b) Implementation of limitation**
(1) **Proof of military service**
(A) *In general* — Not later than 180 days after the date of a servicemember’s termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
(i) the military orders calling the servicemember to military service and any orders further extending military service; or
(ii) any other appropriate indicator of military service, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3938a
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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. § 3936
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