Title 50, War and National DefenseRelease 119-110

§3931 Protection of Servicemembers Against Default Judgments

Title 50 › CHAPTER 50 — SERVICEMEMBERS CIVIL RELIEF › SUBCHAPTER II — GENERAL RELIEF › § 3931

Last updated Sep 22, 2026|Official source

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.

Full Legal Text

Title 50, §3931

War and National Defense, Source: USLM XML via OLRC

(a)Applicability of section (b) Affidavit requirement
This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.
(c)Penalty for making or using false affidavit
A person who makes or uses an affidavit permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.
(d)Stay of proceedings
In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court’s own motion, if the court determines that—
(1)there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or
(2)after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.
(e)Inapplicability of section 3932 procedures
A stay of proceedings under subsection (d) shall not be controlled by procedures or requirements under section 3932 of this title.
(f)section 3932 protection
If a servicemember who is a defendant in an action covered by this section receives actual notice of the action, the servicemember may request a stay of proceeding under section 3932 of this title.
(g)Vacation or setting aside of default judgments
(1)Authority for court to vacate or set aside judgment
If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that—
(A)the servicemember was materially affected by reason of that military service in making a defense to the action; and
(B)the servicemember has a meritorious or legal defense to the action or some part of it.
(2)Time for filing application
An application under this subsection must be filed not later than 90 days after the date of the termination of or release from military service.
(h)Protection of bona fide purchaser
If a court vacates, sets aside, or reverses a default judgment against a servicemember and the vacating, setting aside, or reversing is because of a provision of this chapter, that action shall not impair a right or title acquired by a bona fide purchaser for value under the default judgment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 521 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 201 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to stay of proceedings where military service affects conduct thereof, prior to the general amendment of this Act by Pub. L. 108–189. See section 3932 of this title. Provisions similar to this section were contained in section 200 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1180; Pub. L. 86–721, §§ 1, 2, Sept. 8, 1960, 74 Stat. 820, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2008—Subsec. (a). Pub. L. 110–181 inserted “, including any child custody proceeding,” after “proceeding”.

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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3931

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110