50 U.S.C. § 3958 — Enforcement of storage liens
submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 223 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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.
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*—
stay the proceeding for a period of time as justice and equity require; or
adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 3953 of this title.
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.
Source credit: (Oct. 17, 1940, ch. 888, title III, § 307, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851; amended Pub. L. 111–275, title III, § 303(b)(7), Oct. 13, 2010, 124 Stat. 2878.)
- 1940Enacted · Pub. L. 108-189 · 117 Stat. 2851
- 2010Amended · Pub. L. 111-275 · 124 Stat. 2878
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-189 on 1940-10-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case