§3934 — Title 50 War and National Defense | U.S. Code

Summary

A court can pause or cancel a judgment or the seizure of a service member’s money, debts, or property if military service makes it hard for the service member to comply. If the service member asks, the court must do this; the court can also act on its own. This protection covers cases started before or during the service, or within 90 days after the service ends.

Title 50, §3934

War and National Defense — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 524 of the former Appendix to this title prior to editorial reclassification 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.

§3934 Stay or vacation of execution of judgments, attachments, and garnishments