2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 25D. Delaware Servicemembers Civil Relief Act
§ 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.
