Sec. 201. Improved protection of members of uniformed services against default judgments
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/bill/115/s/646/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(2)of section 201(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3931(b) ) 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 shall not enter a judgment until after the court appoints an attorney to represent the defendant. 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 shall require the court appointed attorney to perform duties faithfully and, upon failure to do so, shall discharge the attorney and appoint another. 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. 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. 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 this Act, including rights to obtain a stay and to request the court to adjust an obligation. Regardless of whether contact is made under clause (i), the court appointed attorney shall assert such rights on behalf of defendant if there is an adequate basis in law and fact, unless the defendant provides informed consent to not assert such rights. . Paragraph
(1)of section 201(g) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3931(g) ) is amended by striking subparagraphs
(A)and
(B)and inserting the following new subparagraphs
(A)and (B): the servicemember was materially affected by reason of that military service in making a defense to the action; and the servicemember 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. 201
Improved protection of members of uniformed services against default judgments
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