§3958 — Title 50 War and National Defense | U.S. Code

Summary

Someone who has a lien on a service member’s property cannot foreclose or enforce that lien while the person is on military duty and for 90 days after, unless they get a court order before taking action. The rule covers liens for storage, repair, cleaning, or other reasons. If a case is started to enforce such a lien, the court can pause the case, and must pause it if the service member asks and shows military service made it hard to meet the obligation. The court can also change the debt or terms to be fair to everyone. Anyone who knowingly breaks these rules can be fined under federal law (Title 18), jailed for up to one year, or both.

Title 50, §3958

War and National Defense — Source: USLM XML via OLRC

(a)(1)A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

(2)For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.

(b)In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—

(1)stay the proceeding for a period of time as justice and equity require; or

(2)adjust the obligation to preserve the interests of all parties.

(c)A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 537 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

2010—Subsec. (c). Pub. L. 111–275 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.

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.

§3958 Enforcement of Storage Liens