50 U.S.C. § 3958 | Enforcement of storage liens

(a)

Liens

(1)

Limitation on foreclosure or enforcement

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.

(2)

Lien defined

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.

(b)

Stay of proceedings

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—

(1)

stay the proceeding for a period of time as justice and equity require; or

(2)

adjust the obligation to preserve the interests of all parties.

section 3953 of this titleThe provisions of this subsection do not affect the scope of .

(c)

Misdemeanor

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.

Oct. 17, 1940, ch. 888 Pub. L. 108–189, § 1Dec. 19, 2003117 Stat. 2851 Pub. L. 111–275, title III, § 303(b)(7)Oct. 13, 2010124 Stat. 2878(, title III, § 307, as added , , ; amended , , .)

Editorial Notes

Codification

Section was formerly classified to section 537 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 111–2752010—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) related to penalties.

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 .