Sec. 807. Improved protection of members of uniformed services against default judgments
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/bill/113/s/1982/rts/section-807·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(1)of section 201(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 521(b) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting such clauses two ems to the right; in the matter before clause (i), as redesignated by paragraph (1), by striking In any and inserting the following: In any ; and by adding at the end the following new subparagraph (B): Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit. . Paragraph
(2)of such section ( 50 U.S.C. App. 521(b) ) is amended— by striking If in an action and inserting the following: If in an action ; in subparagraph (A), as designated by paragraph (1), by striking If an attorney and inserting the following: If an attorney ; by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph: If the court appoints an attorney to represent the defendant— the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant. ; and by adding at the end the following new subparagraph: The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court. .