§3931 Protection of Servicemembers Against Default Judgments

Summary

Before a court can enter a judgment when a defendant does not show up, the plaintiff must file a sworn statement saying whether the defendant is in military service and give the facts, or say the plaintiff cannot tell. If the court thinks the defendant is in the military, the court must appoint an attorney for the defendant before entering judgment. If the appointed attorney cannot find the servicemember, the lawyer’s actions do not give up the servicemember’s defenses or bind them. If the court cannot learn the defendant’s military status from the papers, it may require the plaintiff to post a bond to protect the defendant if the defendant later is found to be in the military. The sworn statement can be a written declaration under penalty of perjury. Anyone who knowingly files a false statement can be fined under Title 18, jailed for up to one year, or both. If the defendant is in military service, the court must pause the case for at least 90 days if a defense may exist but cannot be presented without the defendant, or if the lawyer cannot reach the defendant after trying. That 90-day pause is not governed by the procedures in section 3932, though a servicemember who got actual notice may separately ask for a stay under section 3932. If a default judgment was entered while the defendant was in military service or within 60 days after leaving, the court must reopen the case if the military service affected the defendant’s ability to defend and the defendant has a real defense. The request to reopen must be filed no later than 90 days after leaving military service. Reopening the judgment does not take away rights or property lawfully bought in good faith by a buyer for value under the default judgment.