Sec. 1603. Extension of protections for servicemembers against default judgments
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Paragraph
(2)of subsection
(b)of section 201 of the SCRA ( 50 U.S.C. 3931 ) is amended to read as follows: If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. The court may not appoint an attorney to represent a defendant who is selected by or affiliated with the plaintiff, an attorney representing the plaintiff, or an employee of an entity affiliated with an attorney representing the plaintiff. The court-appointed attorney shall act only in the best interests of the defendant. The court-appointed attorney, when appropriate to represent the best interests of the defendant, shall request a stay of proceedings under this Act. The court-appointed attorney shall use due diligence to locate and contact the defendant. The plaintiff must provide to the court-appointed attorney all contact information it has for the defendant. A court-appointed attorney unable to make contact with the defendant shall report to the court on all of the attorney’s efforts to make contact. Upon making contact with the defendant, the court-appointed attorney shall advise the defendant of the nature of the lawsuit and the defendant’s rights provided by the Act, including rights to obtain a stay and to request the court to adjust an obligation. Regardless of whether contact is made, the court-appointed attorney shall assert such rights on behalf of defendant, provided that there is an adequate basis in law and fact, unless the defendant provides informed consent to not assert such rights. The court shall require the court-appointed attorney to perform duties faithfully and, upon failure to do so, shall discharge the attorney and appoint another. If an attorney appointed under this section to represent a defendant in military service cannot locate the defendant, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember. Nothing in this paragraph shall be construed to prohibit a court from assessing court-appointed attorney fees and costs against the plaintiff. . Such subsection is further amended by adding at the end the following new paragraphs: If a plaintiff is in possession of information necessary to obtain a status report with respect to a defendant generated by the Department of Defense Manpower Data Center or a successor to such Center, the plaintiff shall obtain and provide to the court a copy of such status report. An attorney appointed to represent a defendant under paragraph
(2)shall provide to the court— if the attorney is in possession of information necessary to obtain a status report with respect to the defendant from the Department of Defense Manpower Data Center or a successor to such Center, such status report; a statement indicating the date such attorney reviewed the court record and pleadings to ascertain contact information for the defendant; a statement indicating dates, times, and method of communication to or with the defendant; and a statement that— such attorney was unable to contact the defendant; the defendant was contacted and requests a stay or requests a continuance to obtain counsel; or the defendant was contacted and requests for the case to proceed. If the Department of Defense discontinues the availability of active duty status information through the Department of Defense Manpower Data Center or a successor or other related entity, paragraphs
(5)and (6)(A) shall cease to apply until such time as the Department resumes making such information available. . Paragraph
(1)of subsection
(g)of such section is amended to read as follows: If a default judgment is entered in an action covered by this section against a servicemember during the servicemember’s period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment shall, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that— the servicemember— was materially affected by reason of that military service in making a defense to the action; and has a meritorious or legal defense to the action or some part of it; or an attorney appointed to represent the servicemember failed to adequately represent the best interests of the defendant. .
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Sec. 1603
Extension of protections for servicemembers against default judgments
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