Us Code § 3934 - Stay or vacation of execution of judgments, attachments, and garnishments
Full text of Us Code United States Code § 3934 — Stay or vacation of execution of judgments, attachments, and garnishments, with citation guidance and answers to common questions.
§ 3934. Stay or vacation of execution of judgments, attachments, and garnishments
(a) Court action upon material affect determination
If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember—
(1) stay the execution of any judgment or order entered against the servicemember; and
(2) vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment.
(b) Applicability
This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember's military service or within 90 days after such service terminates.
(Oct. 17, 1940, ch. 888, title II, §204, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2843.)
Editorial Notes
Codification
Section was formerly classified to section 524 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 204 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to duration and term of stays and codefendants not in service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3935 of this title.
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
About This Section
50 U.S.C. § 3934 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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