50 U.S.C. § 3919: Exercise of rights under…

Summary

When a servicemember asks for or gets a delay or pause on paying a tax, fine, penalty, insurance premium, or other civil debt under this chapter, that fact alone cannot be used against them. It cannot be the reason a lender or creditor decides the member can’t pay, denies or cancels credit, changes credit terms, or refuses the amount or terms requested. It also cannot be the sole reason for a negative credit report, a denial of insurance, a note in credit records saying the person is in the National Guard, a reserve unit, or the Space Force, or for changing insurance terms.

Title 50, §3919

War and National Defense, Source: USLM XML via OLRC

Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the payment 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 person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.

(2)With respect to a credit transaction between 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 requested.

(3)An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information.

(4)A refusal by an insurer to insure the servicemember.

(5)An annotation in a servicemember’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component or as a member of the Space Force.

(6)A change in the terms offered or conditions required for the issuance of insurance.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 518 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 108 of act Oct. 17, 1940, ch. 888, art. I, as added Pub. L. 102–12, § 7, Mar. 18, 1991, 105 Stat. 38, related to the effect of certain future financial transactions on the exercise of rights, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2023—Par. (5). Pub. L. 118–31 inserted “or as a member of the Space Force” before period at end.

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 Affect Certain Future Financial Transactions