50 U.S.C. § 3934 | Stay or vacation of execution of judgments, attachments, and garnishments

(a)

Court action upon material affect determination

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—

(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.

Oct. 17, 1940, ch. 888 Pub. L. 108–189, § 1Dec. 19, 2003117 Stat. 2843(, title II, § 204, as added , , .)

Editorial Notes

Codification

Section was formerly classified to section 524 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

act Oct. 17, 1940, ch. 888 54 Stat. 1181 Pub. L. 108–189 section 3935 of this titleA prior section 204 of , art. II, , related to duration and term of stays and codefendants not in service, prior to the general amendment of this Act by . See .

Statutory Notes and Related Subsidiaries

Effective Date

Dec. 19, 2003section 3 of Pub. L. 108–189 section 3901 of this titleSection applicable to any case not final before , see , set out as a note under .