Title 36, Civil Remedies And Defenses And Special Proceedings

PART I. GENERAL PROVISIONS §657D-1 Definitions. As used in this chapter, unless the context indicates otherwise: "Active service" or "active duty" includes but is not limited to the period during which the persons in military service are absent from duty on account of sickness, w…

PART II. GENERAL RELIEF [§657D-11] Default judgments; affidavits; bonds; attorneys for persons in service. (a) In a default of any appearance by the defendant in any action or proceeding commenced in any court, no judgment shall be entered without first securing a court order dir…

[§657D-12] Stay of proceedings where military service affects conduct thereof. In any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of that service or within sixty days thereafter, the cour…

[§657D-13] Fines and penalties on contracts. When an action for compliance with the terms of any contract is stayed pursuant to this chapter, no fine or penalty shall accrue by reason of failure to comply with the terms of the contract during the period of the stay. In any case w…

[§657D-14] Restrictions. (a) In any action or proceeding commenced in any court, if an insurance policy was assigned prior to the person's period of military service to secure the payment of any obligation of that person, no assignee of the policy (except the insurer in connectio…

§657D-15 Duration and term of stays; co-defendants not in service. A stay of any action, proceeding, attachment, or execution, ordered by any court under this chapter, shall be for the period of military service and ninety days thereafter or any part of that period, and may be su…

[§657D-16] Statutes of limitations as affected by period of service. The period of military service shall not be included in computing any period for the bringing of any action or proceeding in any court, or before a state or county agency by or against any person in military ser…

[§657D-17] Maximum rate of interest. No obligation or liability bearing interest at a rate in excess of six per cent a year incurred by a person in military service before that person's entry into that service, during any part of the period of military service, shall bear interes…

[§657D-18] Limitation prescribed by state tax laws as affected by period of service. Section 657D-16 shall not apply to any period of limitation in state tax laws set forth in title 14. [L 1994, c 257, pt of §2]

[§657D-2] Territorial application; jurisdiction of courts; form of procedure. (a) This chapter shall apply to the United States, the states and territories, the District of Columbia, and all territories subject to the jurisdiction of the United States, and to proceedings commence…

PART III. RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENTS, LEASES [§657D-21] Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment. (a) No eviction or distress shall be made during the period of military service for…

[§657D-22] Installment contracts for purchase of property. (a) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of that property, a deposit or installment of…

§657D-23 Mortgages, trust deeds, and other securities. (a) This section applies solely to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service before or at the commencement …

[§657D-24] Settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property. Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or ter…

§657D-25 Termination of residential or motor vehicle leases by lessees. (a) This section applies to: (b) Any lease described in subsection (a) may be terminated by notice in writing delivered to the lessor or the lessor's grantee or to one of their agents by the lessee at any tim…

[§657D-26] Life insurance policies; penalties. (a) Where any life insurance policy on the life of a person in military service is the subject of an action or proceeding under this chapter, the court may: This subsection shall not be construed in any way as affecting or as limitin…

[§657D-27] Extension of benefits to dependents. Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under this part upon application to a court therefor, unless in the opinion of the court the ability of these depen…

[§657D-3] Protection of persons secondarily liable. (a) Whenever: may be stayed, postponed, or suspended, the stay, postponement, or suspension may likewise be granted in the discretion of the court to sureties, guarantors, endorsers, accommodation makers, and others, whether pri…

PART IV. INSURANCE [§657D-31] Definitions. As used in this part: "Insured" includes any person in the state military forces, whose life is insured under and who is the owner and holder and has an interest in a policy. "Insurer" includes any firm, corporation, partnership, or asso…

[§657D-32] Persons entitled to benefits; applications; amount of insurance protected. The benefits and privileges of this part shall apply to any insured when the insured, or a person designated by the insured, makes written application for protection under this part, unless the …

[§657D-33] Form of application; reports to insurance commissioner by insurer; policy deemed modified upon application for protection. Any writing signed by the insured and identifying the policy and the insurer, and agreeing that the insured's rights under the policy are subject …

§657D-34 Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc. The insurance commissioner shall determine whether the policy is entitled to protection under this part and shall notify the insured and the insurer of…

[§657D-35] Rights and privileges of insured during period of protection. No dividend or other monetary benefit under a policy shall be paid to an insured or used to purchase dividend additions while a policy is covered by this part except with the approval of the insurance commis…

[§657D-36] Deduction of unpaid premiums upon settlement of policies maturing during protection. In the event of maturity of a policy as a death claim or otherwise before the expiration of the period of protection under this part, the insurer in making settlement shall deduct from…

[§657D-37] Guarantee of premiums and interest by State; settlement of amounts due upon expiration of protection; subrogation of state crediting debt repayments. Payment of premiums and interest thereon at the rate specified in section 657D-36 becoming due on a policy while protec…

[§657D-38] Rules; finality of determinations. The insurance commissioner shall adopt rules under chapter 91 to implement this part. The findings of fact and conclusions of law made by the insurance commissioner in administering this part shall be final, and shall not be subject t…

[§657D-4] Notice of benefits to persons in and persons entering military service. The adjutant general shall ensure the giving of notice of the benefits accorded by this chapter to persons entering the state military forces. [L 1994, c 257, pt of §2]

PART V. TAXES AND PUBLIC LANDS §657D-41 Taxes respecting personalty, money, credits, or realty; sale of property to enforce collection; redemption of property sold; penalty for nonpayment; notice of rights to beneficiaries of section. (a) This section applies to any general or sp…

§657D-42 Rights to public lands not forfeited; grazing lands. (a) No right to any lands owned or controlled by the State, initiated or acquired under any laws of the State, including the mining and mineral leasing laws, by a person prior to entering military service shall during …

[§657D-43] Income taxes; collection deferred; interest; statute of limitations. [(a)] The collection from any person in the state military forces of any tax on the income of such person pursuant to chapter 235, whether falling due prior to or during the person's period of militar…

§657D-5 Extension of benefits to persons ordered to report for military service. Any person who is ordered to report for military service shall be entitled to the relief and benefits during:

PART VI. ADMINISTRATIVE REMEDIES [§657D-51] Transfers to take advantage of chapter. Notwithstanding the provisions of this chapter to the contrary, the court shall enter such lawful judgment or order, in any proceeding to enforce a civil right, where the court is satisfied that a…

[§657D-52] Certificates of service; persons reported missing. (a) In any proceeding under this chapter, a certificate signed by the adjutant general shall be prima facie evidence as to any of the following facts stated in the certificate: (b) It is the duty of the adjutant genera…

[§657D-53] Revocation of interlocutory orders. Any interlocutory order under this chapter, made upon the court's own motion, may be revoked, modified, or extended by it upon appropriate notice to the parties. [L 1994, c 257, pt of §2]

[§657D-6] Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service. Nothing in this chapter shall prevent: pursuant to a written agreement of the parties thereto (including the person in military service, whether or not the p…

PART VII. FURTHER RELIEF [§657D-61] Stay of enforcement of obligations, liabilities, taxes. (a) A person, at any time during the person's period of military service or within sixty days thereafter, may apply to a court for relief from any obligation or liability incurred by that …

[§657D-62] Power of attorney. (a) Notwithstanding any other provision of law, a power of attorney that: shall be automatically extended for the period that the person is in a missing status. (b) No power of attorney executed after July 1, 1994 by a person in the military service …

[§657D-63] Reinstatement of health insurance coverage upon release from service. (a) A person who, by reason of service in the state military forces is entitled to the rights and benefits of this chapter, shall be entitled upon release from such military service to reinstatement …

[§657D-7] Exercise of rights not to affect lenders, credit, or insurers. Application by a person in military service for, or receipt by a person in military service of, a stay, postponement, or suspension pursuant to this chapter in the payment of any tax, fine, penalty, insuranc…