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Code · U.S. Code · Title 50 - WAR AND NATIONAL DEFENSE · CHAPTER 50— SERVICEMEMBERS CIVIL RELIEF · SUBCHAPTER VIII— CIVIL LIABILITY · § 4042

§ 4042. Private right of action

317 words·~1 min read·/usc/title-50/section-4042

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In general Any person aggrieved by a violation of this chapter may in a civil action—
(1)obtain any appropriate equitable or declaratory relief with respect to the violation;
(2)recover all other appropriate relief, including monetary damages; and
(3)be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
(b)Costs and attorney fees The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection
(a)the costs of the action, including a reasonable attorney fee.
(Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877; amended Pub. L. 116–92, div. A, title V, § 547(a), Dec. 20, 2019, 133 Stat. 1378.)
Connections19 cite this · traces to 2
Cited by 19 sections · top 16
4 references not yet in our index
  • Oct. 17, 1940, ch. 888
  • Pub. L. 111–275, title III, § 303(a)
  • 124 Stat. 2877
  • 133 Stat. 1378
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cites case law
§ 4042
Private right of action
Bills×9
Stat. Comp.×4
Pub. L.×2
Stat.×2
Fed. Reg.×1
U.S.C.×1
ActOct. 17, 1940, ch. 888
Pub. L.Pub. L. 111–275, title III, § 303(a)
Stat.124 Stat. 2877
Stat.133 Stat. 1378
Cites 6Cited by 19 across 6 sources
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