§3952 — Title 50 War and National Defense | U.S. Code

Summary

When a person enters military service, a contract they made before joining to buy or lease property (including a motor vehicle) is protected if they paid a deposit or an installment before their service began. It is illegal for someone to knowingly take back or try to take back that property in violation of this protection or of section 3918. Someone who breaks the rule can be fined as provided in title 18, put in jail for not more than one year, or both. A judge can order repayment of all or part of the prior deposits or installments before allowing the contract to end and the property to be taken back. The judge can pause the case when military service makes it hard for the servicemember to follow the contract, must pause if the servicemember asks and the service has a material effect, and can make other fair orders to protect everyone’s interests.

Title 50, §3952

War and National Defense — Source: USLM XML via OLRC

(a)(1)After a servicemember enters military service, a contract by the servicemember for—

(A)the purchase of real or personal property (including a motor vehicle); or

(B)the lease or bailment of such property,

(2)This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.

(b)A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title, or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

(c)In a hearing based on this section, the court—

(1)may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(2)may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or

(3)may make other disposition as is equitable to preserve the interests of all parties.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 532 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 302 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1182; Oct. 6, 1942, ch. 581, §§ 9(b), (c), 10, 56 Stat. 771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 102–12, § 9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to mortgages and trust deeds, prior to the general amendment of this Act by Pub. L. 108–189. See section 3953 of this title.

Amendments

2010—Subsec. (b). Pub. L. 111–275 amended subsec. (b) generally. Prior to amendment, subsec. (b) 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.

§3952 Protection under installment contracts for purchase or lease