§3933 — Title 50 War and National Defense | U.S. Code

Summary

When a court pauses enforcing a contract under these rules, no penalty will be charged for failing to follow the contract while the pause is in effect. If a service member misses a contract duty and a penalty is charged, a court may reduce or cancel the penalty if the person was in military service at the time and their ability to meet the duty was materially affected by that service.

Title 50, §3933

War and National Defense — Source: USLM XML via OLRC

(a)When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

(b)If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—

(1)the servicemember was in military service at the time the fine or penalty was incurred; and

(2)the ability of the servicemember to perform the obligation was materially affected by such military service.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 523 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 203 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to stay or vacation of execution of judgments and attachments, prior to the general amendment of this Act by Pub. L. 108–189. See section 3934 of this title.

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.

§3933 Fines and Penalties Under Contracts