50 USC 3916 - Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act

Collapse to view only § 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act

§ 3911. Definitions
§ 3912. Jurisdiction and applicability of chapter
§ 3913. Protection of persons secondarily liable
§ 3914. Extension of protections to citizens serving with allied forces
§ 3915. Notification of benefits
§ 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act
§ 3917. Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction
§ 3918. Waiver of rights pursuant to written agreement
§ 3919. Exercise of rights under chapter not to affect certain future financial transactions
§ 3920. Legal representatives

§ 3911. DefinitionsFor the purposes of this chapter:

(1) Servicemember

(2) Military serviceThe term “military service” means—

(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard—

(i) active duty, as defined in section 101(d)(1) of title 10, and

(ii) in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by Federal funds;

(B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and

(C) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.

(3) Period of military service

(4) DependentThe term “dependent”, with respect to a servicemember, means—

(A) the servicemember’s spouse;

(B) the servicemember’s child (as defined in section 101(4) of title 38); or

(C) an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days immediately preceding an application for relief under this chapter.

(5) Court

(6) StateThe term “State” includes—

(A) a commonwealth, territory, or possession of the United States; and

(B) the District of Columbia.

(7) Secretary concernedThe term “Secretary concerned”—

(A) with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10;

(B) with respect to a commissioned officer of the Public Health Service, means the Secretary of Health and Human Services; and

(C) with respect to a commissioned officer of the National Oceanic and Atmospheric Administration, means the Secretary of Commerce.

(8) Motor vehicle

(9) Judgment

(Oct. 17, 1940, ch. 888, title I, § 101, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2836; amended Pub. L. 108–454, title VII, § 701, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 118–31, div. A, title XVII, § 1742(c)(1), Dec. 22, 2023, 137 Stat. 681.)

§ 3912. Jurisdiction and applicability of chapter

(a) Jurisdiction

This chapter applies to—

(1) the United States;

(2) each of the States, including the political subdivisions thereof; and

(3) all territory subject to the jurisdiction of the United States.

(b) Applicability to proceedings

(Oct. 17, 1940, ch. 888, title I, § 102, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2837.)

§ 3913. Protection of persons secondarily liable

(a) Extension of protection when actions stayed, postponed, or suspended

(b) Vacation or set-aside of judgments

(d) Waiver of rights

(1) Waivers not precluded

(2) Waiver invalidated upon entrance to military service

(Oct. 17, 1940, ch. 888, title I, § 103, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2838.)

§ 3914. Extension of protections to citizens serving with allied forces

A citizen of the United States who is serving with the forces of a nation with which the United States is allied in the prosecution of a war or military action is entitled to the relief and protections provided under this chapter if that service with the allied force is similar to military service as defined in this chapter. The relief and protections provided to such citizen shall terminate on the date of discharge or release from such service.

(Oct. 17, 1940, ch. 888, title I, § 104, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.)

§ 3915. Notification of benefits

The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.

(Oct. 17, 1940, ch. 888, title I, § 105, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839.)

§ 3916. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act

(a) Outreach to members

(b) Time of provision

The information required to be provided under subsection (a) to a member shall be provided at the following times:

(1) During the initial orientation training of the member.

(2) In the case of a member of a reserve component, during the initial orientation training of the member and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year.

(3) At such other times as the Secretary concerned considers appropriate.

(d) Definitions

(Pub. L. 109–163, div. A, title VI, § 690, Jan. 6, 2006, 119 Stat. 3337.)

§ 3917. Extension of rights and protections to reserves ordered to report for military service and to persons ordered to report for induction

(a) Reserves ordered to report for military service

(b) Persons ordered to report for induction

(Oct. 17, 1940, ch. 888, title I, § 106, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 118–31, div. A, title XVII, § 1742(c)(2), Dec. 22, 2023, 137 Stat. 681.)

§ 3918. Waiver of rights pursuant to written agreement

(a) In general

(b) Actions requiring waivers in writingThe requirement in subsection (a) for a written waiver applies to the following:

(1) The modification, termination, or cancellation of—

(A) a contract, lease, or bailment; or

(B) an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.

(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—

(A) is security for any obligation; or

(B) was purchased or received under a contract, lease, or bailment.

(d) Coverage of periods after orders receivedFor the purposes of this section—

(1) a person to whom section 3917 of this title applies shall be considered to be a servicemember; and

(2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.

(Oct. 17, 1940, ch. 888, title I, § 107, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108–454, title VII, § 702, Dec. 10, 2004, 118 Stat. 3624.)

§ 3919. Exercise of rights under chapter not to affect certain future financial transactionsApplication by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:

(1) A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.

(2) With respect to a credit transaction between a creditor and the servicemember—

(A) a denial or revocation of credit by the creditor;

(B) a change by the creditor in the terms of an existing credit arrangement; or

(C) a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms requested.

(3) An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information.

(4) A refusal by an insurer to insure the servicemember.

(5) An annotation in a servicemember’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component or as a member of the Space Force.

(6) A change in the terms offered or conditions required for the issuance of insurance.

(Oct. 17, 1940, ch. 888, title I, § 108, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840; amended Pub. L. 118–31, div. A, title XVII, § 1742(c)(3), Dec. 22, 2023, 137 Stat. 681.)

§ 3920. Legal representatives

(a) Representative

A legal representative of a servicemember for purposes of this chapter is either of the following:

(1) An attorney acting on the behalf of a servicemember.

(2) An individual possessing a power of attorney.

(b) Application

(Oct. 17, 1940, ch. 888, title I, § 109, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840.)