50 U.S.C. § 3934 — Stay or vacation of execution of judgments, attachments, and garnishments
submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 123 words · no verdicts yet
Stay or vacation of execution of judgments, attachments, and garnishments. (a) Court action upon material affect determination If a servicemember, if the court decides, is materially affected because of military service in complying with a court judgment or order, the court may on its own motion and must 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. The remaining provisions state related rules, conditions, exceptions, or definitions.
(a) Court* action upon material affect determination If a servicemember*, if the court decides, is materially affected because of military service* in complying with a court judgment* or order, the court may on its own motion and must 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.
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—
stay the execution of any judgment or order entered against the servicemember; and
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.
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.
Source credit: (Oct. 17, 1940, ch. 888, title II, § 204, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
- 1940Enacted · Pub. L. 108-189 · 117 Stat. 2843
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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