Title 38, Title 38: MILITIA--SOLDIERS, SAILORS AND MARINES

38:23C-13. Eviction or distress of spouse, children or dependents; stay; penalty a. No eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $150.00 per month, occupied chiefly for dwelling pu…

38:23C-14 Termination of leases; conditions; notice; penalty for detention of personal effects. 14. a. The provisions of this section shall apply to any lease covering personal property, or premises occupied for dwelling, professional, business, agricultural, or similar purposes,…

38:23C-15 Contract for purchase of property, recission, termination; cancellation of auto lease, due to certain military service. 15. a. (1) 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 …

38:23C-16. Application to obligations; discretion of court; foreclosure a. The provisions of this section shall apply only 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 se…

38:23C-17. Payment of sum as condition of foreclosure, or rescission or termination of contract Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or terminate a contract for the purchase thereof, has been stayed as provide…

38:23C-18. Collection of taxes or assessments; interest and penalties a. The provisions of this section shall apply when any taxes or assessments, whether general or special, other than taxes on income, whether falling due prior or during the period of military service in respect…

38:23C-19. Insurance policies; nonpayment of premium a. No policy which has not lapsed for the nonpayment of premium before the commencement of the period of military service of the insured, and which has been brought within the benefits of the Federal "soldiers' and sailors' civ…

38:23C-2. Definitions As used in this act: a. The term "military service" means duty by any person, male or female, in the active military service of the United States and active duty in the military service of the State pursuant to an order of the Governor issued pursuant to law…

38:23C-20 Reemployment of persons after completion of military service. 20. a. In the case of any person who, in order to perform military service, has left or leaves a position, other than a temporary position, in the employ of any employer, and who: (1) Receives a certificate o…

38:23C-21. Transfer or acquisition of interests with intent to delay just enforcement Where in any proceeding to enforce a civil right in any court it is made to appear to the satisfaction of the court that any interest, property, or contract has since the date of the approval of…

38:23C-22. Certificates executed by Armed Forces officers; evidence; persons in military service reported missing a. In any proceeding under this act a certificate executed by an officer of the applicable force of the Armed Forces of the United States or by an officer of the appl…

38:23C-23. Application for relief on obligation or liability; hearing; form of relief a. A person may, at any time during his period of military service or within 6 months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person pr…

38:23C-23.1 Definitions relative to certain payments by certain persons in military service. 1. a. As used in this section: "Mortgagee" means the holder of a mortgage loan that is a State chartered bank, savings bank, savings and loan association or credit union, any person requi…

38:23C-24. Severability If any clause, sentence, paragraph, section or part of this act or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or inv…

38:23C-25. Conflict of laws Insofar as the provisions of this act are inconsistent with the provisions of any other act, the provisions of this act shall be controlling. L.1979, c. 317, s. 25, eff. Jan. 18, 1980.

38:23C-26. Title of act This act shall be known and may be cited and referred to as the "New Jersey Soldiers' and Sailors' Civil Relief Act of 1979." L.1979, c. 317, s. 26, eff. Jan. 18, 1980.

38:23C-3. Sureties, guarantors, endorsers on obligation; stay of performance of enforcement; vacation of judgment or decree; waiver a. Whenever, pursuant to any of the provisions of this act, the enforcement of any obligation or liability, the prosecution of any suit or proceedin…

38:23C-4. Default in appearance; affidavit; bond to indemnify defendant In any civil action or proceeding commenced in any court, if there shall be a default of an appearance by the defendant, and plaintiff, within 20 days before the entry of judgment or final order, shall file i…

38:23C-5. False affidavits; perjury Any person who shall make or use an affidavit required under section 4, above, knowing it to be false, shall be guilty of perjury. L.1979, c. 317, s. 5, eff. Jan. 18, 1980.

38:23C-6. Appointment of attorney for party in military service In any action or proceeding in which a person in military service is a party, if such party does not personally appear therein or is not represented by an authorized attorney, the court may appoint an attorney to rep…

38:23C-7. Opening judgment rendered while person in military service If any judgment or final order shall be rendered in any action or proceeding governed by sections 4, 5 and 6, above against any person in military service during the period of such service, or within 30 days the…

38:23C-8. Stay of proceedings At any stage thereof, 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 such service or within 60 days thereafter may, in the discretion of the court in whi…

38:23C-9. Fines and penalties; relief from enforcement When an action for compliance with the terms of any contract is stayed pursuant to this act no fine or penalty shall accrue by reason of failure to comply with the terms of such contract during the period of such stay, and in…