SCRA (Servicemembers Civil Relief Act, 50 U.S.C.) § 3952 — Protection under installment contracts for purchase or lease

scra-50usc-3952

SCRA (Servicemembers Civil Relief Act, 50 U.S.C.), §3952 Protection under installment contracts for purchase or lease. Captured section-complete from Cornell LII (verbatim).

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Verbatim regulatory text (3)

Verbatim provisions from SCRA (Servicemembers Civil Relief Act, 50 U.S.C.) § 3952 — Protection under installment contracts for purchase or lease — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

50 U.S.C. §3952(a)

(a) Protection upon breach of contract (1) Protection after entering military service After a servicemember enters military service , a contract by the servicemember for— (A) the purchase of real or personal property (including a motor vehicle ); or (B) the lease or bailment of such property, may not be rescinded or terminated for a breach of terms of the contract occurring before or during that person’s military service , nor may the property be repossessed for such breach without a court order. (2) Applicability This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service .

Source: SCRA (Servicemembers Civil Relief Act, 50 U.S.C.) § 3952 · source URL · snapshot 0e4ec8a7b33e8368

50 U.S.C. §3952(b)

(b) Misdemeanor A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title , or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

Source: SCRA (Servicemembers Civil Relief Act, 50 U.S.C.) § 3952 · source URL · snapshot 0e4ec8a7b33e8368

50 U.S.C. §3952(c)

(c) Authority of court In a hearing based on this section, the court — (1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property; (2) may, on its own motion, and shall on application by a servicemember when the servicemember ’s ability to comply with the contract is materially affected by military service , stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or (3) may make other disposition as is equitable to preserve the interests of all parties. (Oct. 17, 1940, ch. 888, title III, § 302, as added Pub. L. 108–189, § 1 , Dec. 19, 2003 , 117 Stat. 2846 ; amended Pub. L. 111–275, title III, § 303(b)(3) , Oct. 13, 2010 , 124 Stat. 2878 .)

Source: SCRA (Servicemembers Civil Relief Act, 50 U.S.C.) § 3952 · source URL · snapshot 0e4ec8a7b33e8368