50 U.S.C. § 3934: Stay or vacation of…

Summary

If military service makes it hard for a servicemember to obey a court order, the court must pause enforcing the judgment if the servicemember asks. The court can also pause or cancel any seizure or hold on the servicemember’s money or property, even if someone else is holding it. This rule applies to cases started before or during the servicemember’s military service and for up to 90 days after the service ends.

Title 50, §3934

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(a)Court action upon material affect determination

If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember—

(1)stay the execution of any judgment or order entered against the servicemember; and

(2)vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.

(b)Applicability

This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember’s military service or within 90 days after such service terminates.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 524 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 204 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to duration and term of stays and codefendants not in service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3935 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.

§3934 Stay or Vacation of Execution of Judgments, Attachments, and Garnishments