2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 25D. DELAWARE SERVICEMEMBERS CIVIL RELIEF ACT
§ 2507D Duration and term of stays; codefendants not in service.

(a) Period of stay. — A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

(b) Codefendants. — If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.

(c) Inapplicability of section. — This section does not apply to §§ 2504D and 2510D of this title.

79 Del. Laws, c. 359, § 1.;

§ 2508D Statute of limitations.

To the extent that it is allowable by federal law, the period of a servicemember's military service shall not be included in computing any period limited by law, regulation, or order for the bringing of an action or proceeding in any court, or in any board, bureau, commission, department or other agency of government of this State or any of its political subdivisions by or against a servicemember or the servicemember's heirs, executors, administrators, or assigns, nor shall a period of military service be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.

79 Del. Laws, c. 359, § 1.;

§ 2509D Maximum rate of interest on debts incurred before military service.

(a) Interest rate limitation. —

(1) Limitation to 6 percent. — An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent:

a. During the period of military service and 1 year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage; or

b. During the period of military service, in the case of any other obligation or liability.

(2) Forgiveness of interest in excess of 6 percent. — Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in paragraph (a)(1) of this section is forgiven.

(3) Prevention of acceleration of principal. — The amount of any periodic payment due from a servicemember under the terms of the instrument that created an obligation or liability covered by this section shall be reduced by the amount of the interest forgiven under paragraph (a)(2) of this section that is allocable to the period for which such payment is made.

(b) Implementation of limitation. —

(1) Written notice to creditor. — In order for an obligation or liability of a servicemember to be subject to the interest rate limitation in subsection (a) of this section, the servicemember shall provide to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service.

(2) Limitation effective as of date of order to active duty. — Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in accordance with subsection (a) of this section, effective as of the date on which the servicemember is called to military service.

(c) Creditor protection. — A court may grant a creditor relief from the limitations of this section if, in the opinion of the court, the ability of the servicemember to pay interest upon the obligation or liability at a rate in excess of 6 percent per years is not materially affected by reason of the servicemember's military service.

(d) Definitions. — For purposes of this section, the term "interest'' includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to an obligation or liability, and the term "obligation or liability'' includes an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage.

79 Del. Laws, c. 359, § 1.;

§ 2510D Anticipatory relief.

(a) Application for relief. — A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief:

(1) From any obligation or liability incurred by the servicemember before the servicemember's military service; or

(2) From a tax or assessment falling due before or during the servicemember's military service.

(b) Tax liability or assessment. — In a case covered by subsection (a) of this section, the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:

(1) Stay of enforcement of real estate contracts. —

a. In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation:

1. During the servicemember's period of military service; and

2. From the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.

b. Any stay under this paragraph shall be:

1. For a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and

2. Subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant's military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.

(2) Stay of enforcement of other contracts. —

a. In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement:

1. During the servicemember's military service; and

2. From the date of termination of or release from military service, or from the date of application if made after termination or release from military service.

b. Any stay under this paragraph shall be:

1. For a period of time equal to the period of the servicemember's military service or any part of such period; and

2. Subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.

(c) Effect of stay on fine or penalty. — When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.

79 Del. Laws, c. 359, § 1.;

§ 2511D Certificates; reliance on certificates; persons reported missing.

(a) Prima facie evidence. — In any proceeding under this chapter (§§ 2501D-2513D of this title), a certificate obtained pursuant to 50 U.S.C. Appx. § 582 is prima facie evidence as to any of the following facts stated in the certificate:

(1) That a person named is, is not, has been, or has not been in military service.

(2) The time and the place the person entered military service.

(3) The person's residence at the time the person entered military service.

(4) The rank, branch, and unit of military service of the person upon entry.

(5) The inclusive dates of the person's military service.

(6) The monthly pay received by the person at the date of the certificate's issuance.

(7) The time and place of the person's termination of or release from military service, or the person's death during military service.

(b) DMDC certificate. — For purposes of this section, "certificate'' includes the certificate provided by the Defense Manpower Data Center website in response to a single record request or a multiple record request.

(c) Reliance on certificate. — If a creditor:

(1) Receives a certificate that indicates a servicemember is or was not in military service or is otherwise ineligible for a benefit or protection under this act (§§ 2501D-2513D of this title);

(2) Denies a request for or otherwise does not provide any benefit or protection to a servicemember under this chapter (§§ 2501D-2513D of this title); and

(3) Did not receive from the servicemember or servicemember's representative written notice of the servicemember's military service at the time the creditor denied or otherwise did not provide the benefit or protection;

the creditor shall be required only to provide the benefit or protection retroactively or to provide the financial equivalent of the benefit or protection to the servicemember. The creditor shall not be liable for any further penalties, costs or damages, including any damages under this chapter.

(d) Treatment of servicemembers in missing status. — A servicemember who has been reported missing is presumed to continue in service until accounted for. A requirement under this act (§§ 2501D-2513D of this title) that begins or ends with the death of a servicemember does not begin or end until the servicemember's death is reported to, or determined by, appropriate authorities concerned or by a court of competent jurisdiction.

79 Del. Laws, c. 359, § 1.;

§ 2512D Implementing regulations.

The Governor, or the Governor's designee, shall implement regulations establishing a process of notification that Delaware National Guard members are called to state duty status pursuant to § 171 of Title 20 and accordingly covered under this chapter. Such process shall provide identification of such personnel to all persons responsible for compliance with this chapter. Until such regulations are implemented, § 2502D(2)d. of this title shall be of no force and effect.

79 Del. Laws, c. 359, § 1.;

§ 2513D Enforcement.

(a) The Attorney General shall have the same authority to enforce and carry out this Chapter 25D as is granted by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title.

(b) If a court or tribunal of competent jurisdiction finds that any person has violated this Chapter 25D, the Attorney General, upon petition to the court or tribunal, shall recover from the person, on behalf of the State, in addition to all costs, a civil penalty of not more than $10,000 per violation pursuant to § 2533 of this title. Where such violation is wilful, each day that a wilful violation continues shall be considered a separate violation.

(c) For the purpose of this chapter, a "wilful violation'' occurs when the party committing the violation knew that the party's conduct was of the nature prohibited by this chapter.

79 Del. Laws, c. 359, § 1.;