50 U.S.C. § 3958 — Enforcement of storage liens

Page 1004 TITLE 50—WAR AND NATIONAL DEFENSE § 3957 Subsec. (a). Pub. L. 117–333, § 17(a)(2)(A), inserted ‘‘or dependent of a servicemember’’ after ‘‘servicemember’’ in heading. Subsec. (a)(1). Pub. L. 117–333, § 17(a)(2)(B), substituted ‘‘after—’’ for ‘‘after the date the servicemember re- ceives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.’’ and added subpars. (A) and (B). Subsec. (a)(4)(D). Pub. L. 117–333, § 17(a)(2)(C), added subpar. (D). Subsec. (b). Pub. L. 117–333, § 17(a)(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘A contract described in this sub- section is a contract for commercial mobile service, telephone exchange service, internet access service, or multichannel video programming service entered into by the servicemember before receiving the military or- ders referred to in subsection (a)(1).’’ Subsec. (g)(2) to (5). Pub. L. 117–333, § 17(a)(4), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. 2021—Subsec. (a)(4). Pub. L. 116–285 added par. (4). 2018—Pub. L. 115–407, § 304(a)(1), inserted ‘‘, multichannel video programming, and internet ac- cess’’ after ‘‘telephone’’ in section catchline. Subsec. (b). Pub. L. 115–407, § 304(a)(2), substituted ‘‘commercial mobile service, telephone exchange serv- ice, internet access service, or multichannel video pro- gramming service’’ for ‘‘cellular telephone service or telephone exchange service’’. Subsec. (c). Pub. L. 115–407, § 304(a)(3), inserted ‘‘for commercial mobile service or telephone exchange serv- ice’’ before ‘‘terminated’’. Subsec. (d). Pub. L. 115–407, § 304(a)(4), substituted ‘‘commercial mobile service’’ for ‘‘cellular telephone service’’ in introductory provisions. Subsec. (e). Pub. L. 115–407, § 304(a)(5), designated first sentence of existing provisions as par. (1) and second sentence of existing provisions as par. (2), inserted headings, and added par. (3). Subsec. (g). Pub. L. 115–407, § 304(a)(6), added pars. (1) to (3), redesignated former par. (2) as (4), and struck out former par. (1) which read as follows: ‘‘The term ‘cel- lular telephone service’ means commercial mobile serv- ice, as that term is defined in section 332(d) of title 47.’’ 2010—Pub. L. 111–275 amended section generally, sub- stituting provisions relating to termination of tele- phone service contracts for provisions relating to ter- mination or suspension of contracts for cellular tele- phone service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT; RETROACTIVE APPLICATION Pub. L. 117–333, § 17(b), Jan. 5, 2023, 136 Stat. 6137, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply to stop movement orders issued on or after March 1, 2020.’’ § 3957. Protection of life insurance policy (a) Assignment of policy protected If a life insurance policy on the life of a servicemember is assigned before military serv- ice to secure the payment of an obligation, the assignee of the policy (except the insurer in con- nection with a policy loan) may not exercise, during a period of military service of the servicemember or within one year thereafter, any right or option obtained under the assign- ment without a court order. (b) Exception The prohibition in subsection (a) shall not apply— (1) if the assignee has the written consent of the insured made during the period described in subsection (a); (2) when the premiums on the policy are due and unpaid; or (3) upon the death of the insured. (c) Order refused because of material affect A court which receives an application for an order required under subsection (a) may refuse to grant such order if the court determines the ability of the servicemember to comply with the terms of the obligation is materially affected by military service. (d) Treatment of guaranteed premiums For purposes of this subsection, premiums guaranteed under the provisions of subchapter IV of this chapter shall not be considered due and unpaid. (e) 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, § 306, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2850; amended Pub. L. 111–275, title III, § 303(b)(6), Oct. 13, 2010, 124 Stat. 2878.) Editorial Notes CODIFICATION Section was formerly classified to section 536 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 306 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, § 12, 56 Stat. 773, related to extension of benefits to dependents, prior to the gen- eral amendment of this Act by Pub. L. 108–189. See sec- tion 3959 of this title. AMENDMENTS 2010—Subsec. (e). Pub. L. 111–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) 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. § 3958. Enforcement of storage liens (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 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, 2003, 117 Stat. 2851.) Editorial Notes CODIFICATION Section was formerly classified to section 538 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. 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. SUBCHAPTER IV—LIFE INSURANCE § 3971. Definitions For the purposes of this subchapter: (1) Policy The term ‘‘policy’’ means any individual contract for whole, endowment, universal, or term life insurance (other than group term life insurance coverage), including any benefit in the nature of such insurance arising out of membership in any fraternal or beneficial as- sociation which— (A) provides that the insurer may not— (i) decrease the amount of coverage or require the payment of an additional amount as premiums if the insured en- gages in military service (except increases in premiums in individual term insurance based upon age); or (ii) limit or restrict coverage for any ac- tivity required by military service; and (B) is in force not less than 180 days before the date of the insured’s entry into military service and at the time of application under this subchapter. (2) Premium The term ‘‘premium’’ means the amount specified in an insurance policy to be paid to keep the policy in force. (3) Insured The term ‘‘insured’’ means a servicemember whose life is insured under a policy. (4) Insurer The term ‘‘insurer’’ includes any firm, cor- poration, partnership, association, or business that is chartered or authorized to provide in- surance and issue contracts or policies by the laws of a State or the United States. (Oct. 17, 1940, ch. 888, title IV, § 401, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851.) Editorial Notes CODIFICATION Section was formerly classified to section 541 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 401 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 774; Pub. L. 102–12, § 9(12), Mar. 18, 1991, 105 Stat. 40, related to persons entitled to benefits, applications, and amount of insurance protected, prior to the general amendment of this Act by Pub. L. 108–189. See section 3972 of this title. Provisions similar to this section were contained in section 400 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1183; Oct. 6, 1942, ch. 581, § 13, 56 Stat. 773; July 11, 1956, ch. 570, § 1, 70 Stat. 528; Pub. L. 102–12, § 9(11), Mar. 18, 1991, 105 Stat. 40, prior to the general amendment of this Act by Pub. L. 108–189. 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. § 3972. Insurance rights and protections (a) Rights and protections The rights and protections under this sub- chapter apply to the insured when— (1) the insured, (2) the insured’s legal representative, or (3) the insured’s beneficiary in the case of an insured who is outside a State,