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NOTES:
Sec.
501.
Short title.
502.
Purpose.
TITLE I—GENERAL PROVISIONS
511.
Definitions.
512.
Jurisdiction and applicability of Act.
(a)
Jurisdiction.
(b)
Applicability to proceedings.
(c)
Court in which application may be made.
513.
Protection of persons secondarily liable.
(a)
Extension of protection when actions stayed, postponed, or suspended.
(b)
Vacation or set-aside of judgments.
(c)
Bail bond not to be enforced during period of military service.
(d)
Waiver of rights.
514.
Extension of protections to citizens serving with allied forces.
515.
Notification of benefits.
515a.
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.
(c)
Outreach to dependents.
(d)
Definitions.
516.
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.
517.
Waiver of rights pursuant to written agreement.
(a)
In general.
(b)
Actions requiring waivers in writing.
(c)
Prominent display of certain contract rights waivers.
(d)
Coverage of periods after orders received.
518.
Exercise of rights under Act not to affect certain future financial transactions.
519.
Legal representatives.
(a)
Representative.
(b)
Application.
TITLE II—GENERAL RELIEF
521.
Protection of servicemembers against default judgments.
(a)
Applicability of section.
(b)
Affidavit requirement.
(c)
Penalty for making or using false affidavit.
(d)
Stay of proceedings.
(e)
Inapplicability of section
202 procedures.
(f)
Section
202 protection.
(g)
Vacation or setting aside of default judgments.
(h)
Protection of bona fide purchaser.
522.
Stay of proceedings when servicemember has notice.
(a)
Applicability of section.
(b)
Stay of proceedings.
(c)
Application not a waiver of defenses.
(d)
Additional stay.
(e)
Coordination with section
201.
(f)
Inapplicability to section
301.
523.
Fines and penalties under contracts.
(a)
Prohibition of penalties.
(b)
Reduction or waiver of fines or penalties.
524.
Stay or vacation of execution of judgments, attachments, and garnishments.
(a)
Court action upon material affect determination.
(b)
Applicability.
525.
Duration and term of stays; codefendants not in service.
(a)
Period of stay.
(b)
Codefendants.
(c)
Inapplicability of section.
526.
Statute of limitations.
(a)
Tolling of statutes of limitation during military service.
(b)
Redemption of real property.
(c)
Inapplicability to internal revenue laws.
527.
Maximum rate of interest on debts incurred before military service.
(a)
Interest rate limitation.
(b)
Implementation of limitation.
(c)
Creditor protection.
(d)
Interest.
TITLE III—RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES
531.
Evictions and distress.
(a)
Court-ordered eviction.
(b)
Stay of execution.
(c)
Penalties.
(d)
Rent allotment from pay of servicemember.
(e)
Limitation of applicability.
532.
Protection under installment contracts for purchase or lease.
(a)
Protection upon breach of contract.
(b)
Penalties.
(c)
Authority of court.
533.
Mortgages and trust deeds.
(a)
Mortgage as security.
(b)
Stay of proceedings and adjustment of obligation.
(c)
Sale or foreclosure.
(d)
Penalties.
534.
Settlement of stayed cases relating to personal property.
(a)
Appraisal of property.
(b)
Equity payment.
535.
Termination of residential or motor vehicle leases.
(a)
Termination by lessee.
(b)
Covered leases.
(c)
Manner of termination.
(d)
Effective date of lease termination.
(e)
Arrearages and other obligations and liabilities.
(f)
Rent paid in advance.
(g)
Relief to lessor.
(h)
Penalties.
(i)
Definitions.
536.
Protection of life insurance policy.
(a)
Assignment of policy protected.
(b)
Exception.
(c)
Order refused because of material affect.
(d)
Treatment of guaranteed premiums.
(e)
Penalties.
537.
Enforcement of storage liens.
(a)
Liens.
(b)
Stay of proceedings.
(c)
Penalties.
538.
Extension of protections to dependents.
TITLE IV—LIFE INSURANCE
541.
Definitions.
542.
Insurance rights and protections.
(a)
Rights and protections.
(b)
Notification and application.
(c)
Limitation on amount.
543.
Application for insurance protection.
(a)
Application procedure.
(b)
Additional requirements.
(c)
Notice to the Secretary by the insurer.
(d)
Policy modification.
544.
Policies entitled to protection and lapse of policies.
(a)
Determination.
(b)
Lapse protection.
(c)
Time application.
545.
Policy restrictions.
(a)
Dividends.
(b)
Specific restrictions.
546.
Deduction of unpaid premiums.
(a)
Settlement of proceeds.
(b)
Interest rate.
(c)
Reporting requirement.
547.
Premiums and interest guaranteed by United States.
(a)
Guarantee of premiums and interest by the United States.
(b)
Recovery from insured of amounts paid by the United States.
(c)
Crediting of amounts recovered.
548.
Regulations.
549.
Review of findings of fact and conclusions of law.
TITLE V—TAXES AND PUBLIC LANDS
561.
Taxes respecting personal property, money, credits, and real property.
(a)
Application.
(b)
Sale of property.
(c)
Redemption.
(d)
Interest on tax or assessment.
(e)
Joint ownership application.
562.
Rights in public lands.
(a)
Rights not forfeited.
(b)
Temporary suspension of permits or licenses.
(c)
Regulations.
563.
Desert-land entries.
(a)
Desert-land rights not forfeited.
(b)
Service-related disability.
(c)
Filing requirement.
564.
Mining claims.
(a)
Requirements suspended.
(b)
Requirements.
(c)
Period of protection from forfeiture.
(d)
Filing requirement.
565.
Mineral permits and leases.
(a)
Suspension during military service.
(b)
Notification.
(c)
Contract modification.
566.
Perfection or defense of rights.
(a)
Right to take action not affected.
(b)
Affidavits and proofs.
567.
Distribution of information concerning benefits of title.
(a)
Distribution of information by Secretary concerned.
(b)
Application forms.
(c)
Information from Secretary of the Interior.
568.
Land rights of servicemembers.
(a)
No age limitations.
(b)
Residency requirement.
(c)
Entry applications.
569.
Regulations.
570.
Income taxes.
(a)
Deferral of tax.
(b)
Accrual of interest or penalty.
(c)
Statute of limitations.
(d)
Application limitation.
571.
Residence for tax purposes.
(a)
Residence or domicile.
(b)
Military service compensation.
(c)
Personal property.
(d)
Increase of tax liability.
(e)
Federal Indian reservations.
(f)
Definitions.
TITLE VI—ADMINISTRATIVE REMEDIES
581.
Inappropriate use of Act.
582.
Certificates of service; persons reported missing.
(a)
Prima facie evidence.
(b)
Certificates.
(c)
Treatment of servicemembers in missing status.
583.
Interlocutory orders.
TITLE VII—FURTHER RELIEF
591.
Anticipatory relief.
(a)
Application for relief.
(b)
Tax liability or assessment.
(c)
Affect of stay on fine or penalty.
592.
Power of attorney.
(a)
Automatic extension.
(b)
Limitation on power of attorney extension.
593.
Professional liability protection.
(a)
Applicability.
(b)
Suspension of coverage.
(c)
Reinstatement of coverage.
(d)
Increase in premium.
(e)
Continuation of coverage of unaffected persons.
(f)
Stay of civil or administrative actions.
(g)
Effect of suspension upon limitations period.
(h)
Death during period of suspension.
(i)
Definitions.
594.
Health insurance reinstatement.
(a)
Reinstatement of health insurance.
(b)
No exclusion or waiting period.
(c)
Exceptions.
(d)
Time for applying for reinstatement.
595.
Guarantee of residency for military personnel.
596.
Business or trade obligations.
(a)
Availability of non-business assets to satisfy obligations.
(b)
Relief to obligors.
Codification
The Servicemembers Civil Relief Act, comprising sections
501 to
515 and
516 to
596 of this Appendix, was originally enacted as act Oct. 17, 1940, ch. 888, 54 Stat. 1178, known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, and amended by acts Oct. 6, 1942, ch. 581, 56 Stat. 769; July 3, 1944, ch. 397, 58 Stat. 722; Apr. 3, 1948, ch. 170, 62 Stat. 160; June 23, 1952, ch. 450, 66 Stat. 151; July 11, 1956, ch. 570, 70 Stat. 528; Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105; Pub. L. 86–721, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–771, Oct. 9, 1962, 76 Stat. 768; Pub. L. 89–358, Mar. 3, 1966, 80 Stat. 12; Pub. L. 92–540, Oct. 24, 1972, 86 Stat. 1074; Pub. L. 102–12, Mar. 18, 1991, 105 Stat. 34; Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 186; Pub. L. 107–107, Dec. 28, 2001, 115 Stat. 1012; Pub. L. 107–330, Dec. 6, 2002, 116 Stat. 2820. Sections of the act Oct. 17, 1940, are shown herein, however, as having been added by Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2835, without reference to the intervening amendments listed above because of the extensive revision of act Oct. 17, 1940, by Pub. L. 108–189.
Soldiers’ and Sailors’ Civil Relief Act of 1918
Former provisions on this subject were contained in act Mar. 8, 1918, ch. 20, 40 Stat. 440, known as the Soldiers’ and Sailors’ Civil Relief Act of 1918, section
101 et seq. of this Appendix.
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