§ 3958. Enforcement of storage liens

338 words·~2 min read·/usc/title-50/section-3958

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(a)Liens

(1)Limitation on foreclosure or enforcement A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.

(2)Lien defined For the purposes of paragraph (1), the term “lien” includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason.

(b)Stay of proceedings In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service—

(1)stay the proceeding for a period of time as justice and equity require; or

(2)adjust the obligation to preserve the interests of all parties.

The provisions of this subsection do not affect the scope of section 3953 of this title.

(c)Misdemeanor A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

(Oct. 17, 1940, ch. 888, title III, § 307, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2851; amended Pub. L. 111–275, title III, § 303(b)(7), Oct. 13, 2010, 124 Stat. 2878.)

Connections3 cite this · traces to 2

Cited by 3 sections

statute-compilations

bill

Sec. 1
Increased penalties for enforcement of a storage lien in violation of the Servicemembers Civil Relief Act

Traces to 2 documents

U.S. Code

7 references not yet in our index

Oct. 17, 1940, ch. 888
Pub. L. 108–189, § 1
117 Stat. 2851
Pub. L. 111–275, title III, § 303(b)(7)
124 Stat. 2878
Pub. L. 111–275
section 3 of Pub. L. 108–189

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cites case law

§ 3958

Enforcement of storage liens

Stat. Comp.×2

Bills×1

U.S.C.§ 3953

U.S.C.§ 3901

ActOct. 17, 1940, ch. 888

Pub. L.Pub. L. 108–189, § 1

Stat.117 Stat. 2851

Pub. L.Pub. L. 111–275, title III, § 303(b)(7)

Stat.124 Stat. 2878

Cites 9 · showing 7Cited by 3 across 2 sources