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Code · BILL · 116th Congress · S. 1215 (Introduced in Senate) — To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense and for militar... · Sec. 565

Sec. 565. Extension of protections for servicemembers against default judgments

704 words·~3 min read·/bill/116/s/1215/is/section-565

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Paragraph
(1)of section 201(b) of the Servicemember Civil Relief Act ( 50 U.S.C. 3931(b) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; in the matter preceding clause (i), as redesignated by paragraph (1)— by striking the court, before entering judgment for the plaintiff, shall require the plaintiff to and inserting the plaintiff, when seeking a default judgment, shall ; and by inserting
(A)before In any action ; and by adding at the end the following new subparagraph: The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached the records on which the plaintiff relies in preparing the affidavit. Attached records shall include at least a copy of the certificate produced by the Department of Defense Manpower Data Center or a certificate produced by a successor to such Center. . Paragraph
(2)of section 201(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3931(b) ) is amended— by inserting after the first sentence the following new sentence: The court may not appoint an attorney to represent a defendant who is selected by, or has a business affiliation with, the plaintiff, an attorney representing the plaintiff, or an employee of an entity that has a business affiliation with an attorney representing the plaintiff. ; and by adding at the end the following new sentence: Nothing in this paragraph shall be construed to prohibit a court from assessing court-appointed attorney fees and costs against the plaintiff. . Subsection
(b)of such section is further amended by adding at the end the following new paragraphs: Before filing an affidavit under subsection (b)(1), 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 Department of Defense Manpower Data Center records or records from a successor to such Center, and of any other information available to the plaintiff. The plaintiff shall obtain and provide to the court copies of any status reports obtained through such search. An attorney appointed to represent a defendant under subsection (b)(2) 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 plaintiff shall provide to the court appointed attorney all contact information the plaintiff has for the defendant. The court appointed attorney shall conduct a diligent and reasonable investigation to confirm the defendant’s military status, including a search of the Department of Defense Manpower Data Center or a successor to such Center. The attorney shall file any status reports obtained through such search with the court. 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. The attorney shall communicate to the court whether or not the defendant requests a stay or requests a continuance to obtain counsel. If the court appointed attorney is unable to make contact with the defendant, the attorney shall assert rights provided by this Act on behalf of the defendant, provided there is an adequate basis in law and fact. 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 by filing an affidavit indicating the following: The date such attorney reviewed the court record and pleadings to ascertain contact information for the defendant. All of the attorney’s attempts to contact the defendant, including the date, time, and method of communication. That such attorney was unable to contact the defendant. If the Department of Defense discontinues the availability of active duty status information through the Department of Defense Manpower Data Center, a successor to such Center, or another related entity, then all requirements under this subsection that are related to the Department of Defense Manpower Data Center, the successor to such Center, or the other related entity shall cease to apply until such time as the Department of Defense resumes making such information available. .
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Sec. 565
Extension of protections for servicemembers against default judgments
U.S.C.§ 3931
Cites 1Cited by 0 across 0 sources
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