U.S. Code » Title 50 » Chapter CHAPTER 50— SERVICEMEMBERS CIVIL RELIEF › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

50 U.S.C. § 3911

Definitions

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For the purposes of this chapter:(1) Servicemember

The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10.

(2) Military serviceThe term “military service” means—(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard—(i) active duty, as defined in section 101(d)(1) of title 10, and(ii) in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by Federal funds;(B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and(C) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.(3) Period of military service

The term “period of military service” means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.

(4) DependentThe term “dependent”, with respect to a servicemember, means—(A) the servicemember’s spouse;(B) the servicemember’s child (as defined in section 101(4) of title 38); or(C) an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days immediately preceding an application for relief under this chapter.(5) Court

The term “court” means a court or an administrative agency of the United States or of any State (including any political subdivision of a State), whether or not a court or administrative agency of record.

(6) StateThe term “State” includes—(A) a commonwealth, territory, or possession of the United States; and(B) the District of Columbia.(7) Secretary concernedThe term “Secretary concerned”—(A) with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10;(B) with respect to a commissioned officer of the Public Health Service, means the Secretary of Health and Human Services; and(C) with respect to a commissioned officer of the National Oceanic and Atmospheric Administration, means the Secretary of Commerce.(8) Motor vehicle

The term “motor vehicle” has the meaning given that term in section 30102(a)(6) of title 49.11 See References in Text note below.

(9) Judgment

The term “judgment” means any judgment, decree, order, or ruling, final or temporary.

(Oct. 17, 1940, ch. 888, title I, § 101, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2836; amended Pub. L. 108–454, title VII, § 701, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 118–31, div. A, title XVII, § 1742(c)(1), Dec. 22, 2023, 137 Stat. 681.)Editorial NotesReferences in Text

Section 30102(a)(6) of title 49, referred to in par. (8), was redesignated section 30102(a)(7) of title 49 by Pub. L. 114–94, div. B, title XXIV, § 24109(b)(2), Dec. 4, 2015, 129 Stat. 1706.

Codification

Section was formerly classified to section 511 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 101 of act Oct. 17, 1940, ch. 888, art. I, 54 Stat. 1179; Pub. L. 92–540, title V, § 504(1), Oct. 24, 1972, 86 Stat. 1098; Pub. L. 102–12, § 9(1), Mar. 18, 1991, 105 Stat. 38; Pub. L. 107–330, title III, § 305, Dec. 6, 2002, 116 Stat. 2826, related to definitions, prior to the general amendment of this Act by Pub. L. 108–189.

Amendments

2023—Par. (2)(A). Pub. L. 118–31 inserted “Space Force,” after “Marine Corps,” in introductory provisions.

2004—Par. (9). Pub. L. 108–454 added par. (9).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 23 cases (13 in the last 5 years), 2016–2026 · leading case: Heejoon Chung v. U.S. Bank, N.A., 250 F. Supp. 3d 658 (D. Haw. 2017).
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Heejoon Chung v. U.S. Bank, N.A., 250 F. Supp. 3d 658 (D. Haw. 2017). · cites it 2× “§ 101 (d)(1); 50 U.S.C. § 3911 . The term “period of military service” means “the period beginning on the date on which a servicemem-ber enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.”
Michael Davis v. City of Philadelphia, 821 F.3d 484 (3d Cir. 2016). · cites it 2× “” 50 U.S.C. § 3911 (1). Although the parties view this case purely in terms of standing, we see it somewhat differently.”
Doe v. City of Duncan, 789 S.E.2d 602 (S.C. Ct. App. 2016). “See 50 U.S.C. § 3911 (2), (defining “military service” as “active duty”); Boone v.”
Kimball v. Orlans Assocs. P.C., 651 F. App'x 477 (6th Cir. 2016). “While Tracy, as Richard’s wife, qualifies as a dependent, 50 U.S.C. § 3911 (4)(A), the district court considered her claims along with Richard’s.”
Hammack v. N.M. Taxation & Revenue Dep't, No. 34,432 (N.M. Ct. App. May 1, 2017). · cites it 5× “§ 571(b) (2012) of the Servicemembers 11 Civil Relief Act (SCRA), which are now codified as 50 U.S.C. § 3911 (1), (2) (2015), 12 and 50 U.”
Davis v. City of Albuquerque, No. 1:25-cv-00167 (D.N.M. Apr. 1, 2025). · cites it 4× “His full-time New Mexico Army National Guard service is not considered “active duty” under 50 U.S.C. § 3911 (2) because that term “does not include full-time National Guard duty,” 10 U.”
Davis v. City of Albuquerque, No. 1:25-cv-00167 (D.N.M. Mar. 13, 2025). · cites it 2× “His full-time New Mexico Army National Guard service is not considered “active duty” under 50 U.S.C. § 3911 (2) because that term “does not include full-time National Guard duty,” 10 U.”
Latasha Rouse v. Matthew Fader, 171 F.4th 272 (4th Cir. 2026). · cites it 2× “See 50 U.S.C. § 3911(5) (defining “court” to include state courts).”
Nancy Spratt v. Donald Bishop, No. M2015-01352-COA-R3-CV (Tenn. Ct. App. July 19, 2016). “” 50 U.S.C. § 3911 (1) (emphasis added). Moreover, the SCRA has been held to be inapplicable to immediate family members.”
Kwon v. Santander Consum. USA, No. 17-1332-cv (2d Cir. July 24, 2018). “; the Servicemember’s Civil Relief Act of 2003 (“SCRA”), 50 U.S.C. § 3911 et seq.; New York General Obligations Law §§ 5-511, 5-513; and New York General Business Law § 349; and also brought state law breach of contract, emotional distress, and pain and suffering claims.”
Pearson v. United States, No. 16-1250 (Fed. Cl. Sept. 6, 2018). “” 50 U.S.C. § 3911 . Reversing the trial court, the Court of Appeals for the Federal Circuit held that the Servicemembers Civil Relief Act “did not toll the six-year statute of limitations .”
In re Order Amending Rules 209, 304, 403, 410, 503, 515, & 516 of the PA Rules of Civil Procedure Governing Actions & Proceedings Before Magisterial Dist. Judges, No. 442 Magisterial Rules Docket (Pa. Apr. 17, 2020). “” See 50 U.S.C. § 3911 (5). However, current procedural rules for the magisterial district courts do not address attaching an affidavit regarding military service to the complaint, request for entry of judgment, or request for order of possession.”
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50 U.S.C. § 3911(5): 1 case
Latasha Rouse v. Matthew Fader, 171 F.4th 272 (4th Cir. 2026). “See 50 U.S.C. § 3911(5) (defining “court” to include state courts).”
50 U.S.C. § 3911(9): 1 case
Latasha Rouse v. Matthew Fader, 171 F.4th 272 (4th Cir. 2026). “See 50 U.S.C. § 3911(5) (defining “court” to include state courts).”
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