50 USC 3931 - Protection of servicemembers against default judgments

U.S Code last checked for updates: Apr 29, 2024

§ 3931.

Protection of servicemembers against default judgments

(a)

Applicability of section

(b)

Affidavit requirement

(1)

Plaintiff to file affidavit

In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—

(A)

stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or

(B)

if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.

(2)

Appointment of attorney to represent defendant in military service

(3)

Defendant’s military status not ascertained by affidavit

(4)

Satisfaction of requirement for affidavit

(c)

Penalty for making or using false affidavit

(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

(f)

Section 3932 protection

(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

(h)

Protection of bona fide purchaser

(Oct. 17, 1940, ch. 888, title II, § 201, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840; amended Pub. L. 110–181, div. A, title V, § 584(a), Jan. 28, 2008, 122 Stat. 128.)

cite as: 50 USC 3931