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

50 U.S.C. § 3934

Stay or vacation of execution of judgments, attachments, and garnishments

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(a) Court action upon material affect determinationIf 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 NotesCodification

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 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 6 cases (5 in the last 5 years), 2017–2026 · leading case: Carrelo v. Keystone RV Co. (E.D. Va. 2024).
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Carrelo v. Keystone RV Co. (E.D. Va. 2024). · cites it 8× “14);? and, (2) Plaintiff Edgar Carrelo’s Motion to Stay Proceedings Pursuant to 50 U.S.C. § 3934 of the Servicemembers Civil Relief Act (“SCRA”), 50 U.”
Carrelo v. Keystone RV Co. (N.D. Ind. 2024). · cites it 8× “14);? and, (2) Plaintiff Edgar Carrelo’s Motion to Stay Proceedings Pursuant to 50 U.S.C. § 3934 of the Servicemembers Civil Relief Act (“SCRA”), 50 U.”
John C. Parkinson v. Michael L. Parkinson & William L. Parkinson (mem. dec.) (Ind. Ct. App. 2017). “50 U.S.C. § 3934 (a). [16] There is no question that Chris provided documentation with his January 2015 Motion to Stay that would have satisfied the requirements of Section 3932.”
Rouse v. Moore (D. Maryland 2024). “50 U.S.C. § 3934 (a). The court shall do so on application by the servicemember and may do so on its own motion.”
Lynch v. City Of New York (S.D.N.Y. 2021). “, 50 U.S.C. § 3934 , support staying the subpoena until Lombardo returns from active duty.”
Roybal v. Raulli (N.C. Ct. App. 2026). “The trial court issued 9 Exhibit B is a copy of 50 U.S.C.A. § 3934 , a section of the SCRA addressing stays when a servicemember “is materially affected by reason of military service in complying with a court judgment or order.”
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