50 U.S.C. § 3937 — Maximum rate of interest on debts in-

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 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. (Oct. 17, 1940, ch. 888, title II, § 205, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.) Editorial Notes CODIFICATION Section was formerly classified to section 525 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 205 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181; Oct. 6, 1942, ch. 581, § 5, 56 Stat. 770; Pub. L. 102–12, § 9(6), Mar. 18, 1991, 105 Stat. 39, related to statutes of limitations as affected by period of service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3936 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. § 3936. Statute of limitations (a) Tolling of statutes of limitation during mili- tary service The period of a servicemember’s military serv- ice may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, depart- ment, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administra- tors, or assigns. (b) Redemption of real property A period of military service may not be in- cluded in computing any period provided by law for the redemption of real property sold or for- feited to enforce an obligation, tax, or assess- ment. (c) Inapplicability to internal revenue laws This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States. (Oct. 17, 1940, ch. 888, title II, § 206, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.) Statutory Notes and Related Subsidiaries CODIFICATION Section was formerly classified to section 526 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 206 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 6, 1942, ch. 581, § 6, 56 Stat. 771; amended Pub. L. 102–12, § 9(7), Mar. 18, 1991, 105 Stat. 39, related to maximum rate of interest, prior to the general amendment of this Act by Pub. L. 108–189. See section 3937 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. § 3937. Maximum rate of interest on debts in- curred before military service (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 en- ters military service shall not bear interest at a rate in excess of 6 percent— Page 995 TITLE 50—WAR AND NATIONAL DEFENSE § 3937 (A) during the period of military service and one year thereafter, in the case of an ob- ligation or liability consisting of a mort- gage, trust deed, or other security in the na- ture of a mortgage; or (B) during the period of military service, in the case of any other obligation or liabil- ity. (2) Forgiveness of interest in excess of 6 per- cent 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 li- ability covered by this section shall be re- duced by the amount of the interest forgiven under paragraph (2) that is allocable to the pe- riod 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 sub- ject to the interest rate limitation in sub- section (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, including a certified let- ter from a commanding officer. (B) Independent verification by creditor (i) In general A creditor may use, in lieu of notice and documentation under subparagraph (A), in- formation retrieved from the Defense Man- power Data Center through the creditor’s normal business reviews of such Center for purposes of obtaining information indi- cating that the servicemember is on active duty. (ii) Safe harbor A creditor that uses the information re- trieved from the Defense Manpower Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if— (I) such information indicates that, on the date the creditor retrieves such in- formation, the servicemember is not on active duty; and (II) the creditor has not, by the end of the 180-day period under subparagraph (A), received the written notice and doc- umentation required under that subpara- graph with respect to the servicemember. (2) Limitation effective as of date of order to active duty Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in ac- cordance with subsection (a), effective as of the date on which the servicemember is called to military service. (c) Creditor protection A court may grant a creditor relief from the limitations of this section if, in the opinion of the court, the ability of the servicemember to pay interest upon the obligation or liability at a rate in excess of 6 percent per year is not ma- terially affected by reason of the servicemember’s military service. (d) Definitions In this section: (1) Interest The term ‘‘interest’’ includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with re- spect to an obligation or liability. (2) Obligation or liability The term ‘‘obligation or liability’’ includes an obligation or liability consisting of a mort- gage, trust deed, or other security in the na- ture of a mortgage. (e) Penalty Whoever knowingly violates subsection (a) shall be fined as provided in title 18, imprisoned for not more than one year, or both. (Oct. 17, 1940, ch. 888, title II, § 207, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844; amend- ed Pub. L. 110–289, div. B, title II, § 2203(b), July 30, 2008, 122 Stat. 2849; Pub. L. 110–389, title VIII, § 807, Oct. 10, 2008, 122 Stat. 4189; Pub. L. 111–275, title III, § 303(b)(1), Oct. 13, 2010, 124 Stat. 2877; Pub. L. 115–232, div. A, title V, § 600, Aug. 13, 2018, 132 Stat. 1793.) Editorial Notes CODIFICATION Section was formerly classified to section 527 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 207 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 21, 1942, ch. 619, title V, § 507(b)(2)(B), 56 Stat. 964, related to limitations prescribed by internal revenue laws as affected by period of service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3936 of this title. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–232 amended par. (1) generally. Prior to amendment, text read as follows: ‘‘In order for an obligation or liability of a servicemember to be subject to the interest rate limi- tation in subsection (a), the servicemember shall pro- vide to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military serv- ice, not later than 180 days after the date of the servicemember’s termination or release from military service.’’ 2010—Subsec. (f). Pub. L. 111–275 struck out subsec. (f). Text read as follows: ‘‘The penalties provided under Page 996 TITLE 50—WAR AND NATIONAL DEFENSE § 3938 subsection (e) are in addition to and do not preclude any other remedy available under law to a person claiming relief under this section, including any award for consequential or punitive damages.’’ 2008—Subsec. (a)(1). Pub. L. 110–289, § 2203(b)(1), sub- stituted ‘‘in excess of 6 percent—’’ for ‘‘in excess of 6 percent per year during the period of military service.’’ and added subpars. (A) and (B). Subsec. (d). Pub. L. 110–289, § 2203(b)(2), added subsec. (d) and struck out former subsec. (d). Prior to amend- ment, text read as follows: ‘‘As used in this section, the term ‘interest’ includes service charges, renewal charges, fees, or any other charges (except bona fide in- surance) with respect to an obligation or liability.’’ Subsecs. (e), (f). Pub. L. 110–389 added subsecs. (e) and (f). 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. § 3938. Child custody protection (a) Duration of temporary custody order based on certain deployments If a court renders a temporary order for custo- dial responsibility for a child based solely on a deployment or anticipated deployment of a par- ent who is a servicemember, the court shall re- quire that the temporary order shall expire not later than the period justified by the deploy- ment of the servicemember. (b) Limitation on consideration of member’s de- ployment in determination of child’s best in- terest If a motion or a petition is filed seeking a per- manent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of de- ployment, or the possibility of deployment, as the sole factor in determining the best interest of the child. (c) No Federal jurisdiction or right of action or removal Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal. (d) Preemption In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appro- priate court shall apply the higher State stand- ard. (e) Deployment defined In this section, the term ‘‘deployment’’ means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official or- ders— (1) that are designated as unaccompanied; (2) for which dependent travel is not author- ized; or (3) that otherwise do not permit the move- ment of family members to that location. (Oct. 17, 1940, ch. 888, title II, § 208, as added Pub. L. 113–291, div. A, title V, § 566(a), Dec. 19, 2014, 128 Stat. 3384.) Editorial Notes CODIFICATION Section was formerly classified to section 528 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 3938a. Annual notice to members of the Armed Forces regarding child custody protections guaranteed by the Servicemembers Civil Re- lief Act The Secretaries of each of the military depart- ments shall ensure that each member of the Armed Forces with dependents receives annu- ally, and prior to each deployment, notice of the child custody protections afforded to members of the Armed Forces under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.). (Pub. L. 114–328, div. A, title V, § 573, Dec. 23, 2016, 130 Stat. 2141.) Editorial Notes REFERENCES IN TEXT The Servicemembers Civil Relief Act, referred to in text, is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Servicemembers Civil Relief Act which com- prises this chapter. SUBCHAPTER III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, AS- SIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS Editorial Notes CODIFICATION Pub. L. 115–407, title III, § 304(b)(2)(A), Dec. 31, 2018, 132 Stat. 5375, substituted ‘‘RENT, INSTALLMENT CON- TRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS’’ for ‘‘RENT, INSTALLMENT CONTRACTS, MORT- GAGES, LIENS, ASSIGNMENT, LEASES, TELE- PHONE SERVICE CONTRACTS’’ in heading. Pub. L. 111–275, title III, § 302(b), Oct. 13, 2010, 124 Stat. 2876, inserted ‘‘, TELEPHONE SERVICE CONTRACTS’’ after ‘‘LEASES’’ in heading. § 3951. Evictions and distress (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 depend- ents 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