§ 3918. Waiver of rights pursuant to written agreement
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/usc/title-50/section-3918A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general A servicemember may waive any of the rights and protections provided by this chapter. Any such waiver that applies to an action listed in subsection
(b)of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemember’s period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.
(b)Actions requiring waivers in writing The requirement in subsection
(a)for a written waiver applies to the following:
(1)The modification, termination, or cancellation of—
(A)a contract, lease, or bailment; or
(B)an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.
(2)The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—
(A)is security for any obligation; or
(B)was purchased or received under a contract, lease, or bailment.
(c)Prominent display of certain contract rights waivers Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.
(d)Coverage of periods after orders received For the purposes of this section—
(1)a person to whom section 3917 of this title applies shall be considered to be a servicemember; and
(2)the period with respect to such a person specified in subsection
(a)or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.
(Oct. 17, 1940, ch. 888, title I, § 107, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108–454, title VII, § 702, Dec. 10, 2004, 118 Stat. 3624.)
Connections17 cite this · traces to 2
Cited by 17 sections
U.S. Code
statute-compilations
bill
- Sec. 302Modification of period in which a waiver of a right pursuant to a written agreement may be made under Servicemembers Civil Relief Act
- Sec. 1615Enhanced protection of servicemembers under Servicemembers Civil Relief Act relating to certain contract provisions
- Sec. 4Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 4Limitation on waiver of rights and protections under servicemembers civil relief act
- Sec. 540BLimitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 540BLimitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 4Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 6415Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 6415Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 5892Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 5892Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
- Sec. 2Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act
12 references not yet in our index
- Oct. 17, 1940, ch. 888
- Pub. L. 108–189, § 1
- 117 Stat. 2839
- Pub. L. 108–454, title VII, § 702
- 118 Stat. 3624
- act Oct. 17, 1940, ch. 888
- Oct. 6, 1942, ch. 581, § 4
- 56 Stat. 770
- Pub. L. 108–189
- Pub. L. 108–454, § 702(1)
- Pub. L. 108–454, § 702(2)
- section 3 of Pub. L. 108–189
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§ 3918
Waiver of rights pursuant to written agreement
Bills×12
Stat. Comp.×2
U.S.C.×2
Fed. Reg.×1
ActOct. 17, 1940, ch. 888
Pub. L.Pub. L. 108–189, § 1
Stat.117 Stat. 2839
Pub. L.Pub. L. 108–454, title VII, § 702
Stat.118 Stat. 3624
Cites 14 · showing 7Cited by 17 across 4 sources