50 U.S.C. § 3918 — Waiver of rights pursuant to written

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 specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember con- cerned. (b) Actions requiring waivers in writing The requirement in subsection (a) for a writ- ten waiver applies to the following: (1) The modification, termination, or can- cellation of— (A) a contract, lease, or bailment; or (B) an obligation secured by a mortgage, trust, deed, lien, or other security in the na- ture of a mortgage. (2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of prop- erty that— (A) is security for any obligation; or (B) was purchased or received under a con- tract, lease, or bailment. (c) Prominent display of certain contract rights waivers Any waiver in writing of a right or protection provided by this chapter that applies to a con- tract, lease, or similar legal instrument must be in at least 12 point type. (d) Coverage of periods after orders received For the purposes of this section— (1) a person to whom section 3917 of this title applies shall be considered to be a servicemember; and (2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service. (Oct. 17, 1940, ch. 888, title I, § 107, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amend- ed Pub. L. 108–454, title VII, § 702, Dec. 10, 2004, 118 Stat. 3624.) Editorial Notes CODIFICATION Section was formerly classified to section 517 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. PRIOR PROVISIONS A prior section 107 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by Pub. L. 108–189. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–454, § 702(1), inserted after first sentence: ‘‘Any such waiver that applies to an action listed in subsection (b) of this section is ef- fective only if it is in writing and is executed as an in- strument separate from the obligation or liability to which it applies.’’ Subsecs. (c), (d). Pub. L. 108–454, § 702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 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. § 3919. Exercise of rights under chapter not to af- fect certain future financial transactions Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the pay- ment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following: (1) A determination by a lender or other per- son that the servicemember is unable to pay the civil obligation or liability in accordance with its terms. (2) With respect to a credit transaction be- tween a creditor and the servicemember— (A) a denial or revocation of credit by the creditor; (B) a change by the creditor in the terms of an existing credit arrangement; or (C) a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms re- quested. (3) An adverse report relating to the credit- worthiness of the servicemember by or to a