50 U.S.C. § 4021 — Anticipatory relief
submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 526 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A servicemember* may, during military service* or within 180 days of termination of or release from military service, apply to a court* for relief—
from any obligation or liability incurred by the servicemember before the servicemember’s military service; or
from a tax or assessment falling due before or during the servicemember’s military service.
In a case covered by subsection (a), the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:
In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation—
during the servicemember’s period of military service*; and
from the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.
Any stay under this paragraph shall be—
for a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement—
during the servicemember’s military service; and
from the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
Any stay under this paragraph shall be—
for a period of time equal to the period of the servicemember’s military service or any part of such period; and
subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.
Source credit: (Oct. 17, 1940, ch. 888, title VII, § 701, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2860.)
- 1940Enacted · Pub. L. 108-189 · 117 Stat. 2860
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-189 on 1940-10-17.
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