§3935 — Title 50 War and National Defense | U.S. Code

Summary

A court can pause a lawsuit, enforcement action, or seizure while a person is in military service and for 90 days after, and it can set reasonable installment payment rules. The plaintiff may go ahead against co‑defendants who are not in the military with the court’s approval. These rules do not apply to sections 3932 and 4021.

Title 50, §3935

War and National Defense — Source: USLM XML via OLRC

(a)A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

(b)If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.

(c)This section does not apply to section 3932 and 4021 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 525 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 205 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181; Oct. 6, 1942, ch. 581, § 5, 56 Stat. 770; Pub. L. 102–12, § 9(6), Mar. 18, 1991, 105 Stat. 39, related to statutes of limitations as affected by period of service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3936 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.

§3935 Duration and Term of Stays; Codefendants Not in Service