After a servicemember enters military service, a contract by the servicemember for—
(A)the purchase of real or personal property (including a motor vehicle); or
(B)the lease or bailment of such property,
may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service, nor may the property be repossessed for such breach without a court order.
This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.
A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 107 of this Act [section
517 of this Appendix], or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(c) Authority of court
In a hearing based on this section, the court—
(1)may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;
(2)may, on its own motion, and shall on application by a servicemember when the servicemember’s ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or
(3)may make other disposition as is equitable to preserve the interests of all parties.
2010—Subsec. (b). Pub. L. 111–275amended subsec. (b) generally. Prior to amendment, subsec. (b) related to penalties.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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Description of Change
Statutes at Large
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