2019 US Code
Title 50 - War and National Defense
Chapter 50 - Servicemembers Civil Relief
Subchapter II - General Relief
Sec. 3934 - Stay or vacation of execution of judgments, attachments, and garnishments

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Citation 50 U.S.C. § 3934 (2019)
Section Name §3934. Stay or vacation of execution of judgments, attachments, and garnishments
Section Text (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.

Source Credit

(Oct. 17, 1940, ch. 888, title II, §204, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2843.)

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

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

EFFECTIVE DATE

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

Publication Title United States Code, 2018 Edition, Supplement 1, Title 50 - WAR AND NATIONAL DEFENSE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 50 - WAR AND NATIONAL DEFENSE
CHAPTER 50 - SERVICEMEMBERS CIVIL RELIEF
SUBCHAPTER II - GENERAL RELIEF
Sec. 3934 - Stay or vacation of execution of judgments, attachments, and garnishments
Contains section 3934
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law No
Disposition standard
Statutes at Large References 54 Stat. 1181
117 Stat. 2843
Public Law References Public Law 108-189
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