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

50 U.S.C. § 3935

Duration and term of stays; codefendants not in service

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(a) Period of stay

A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this chapter by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

(b) Codefendants

If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.

(c) Inapplicability of section

This section does not apply to sections 3932 and 4021 of this title.

(Oct. 17, 1940, ch. 888, title II, § 205, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)Editorial NotesCodification

Section was formerly classified to section 525 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 205 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181; Oct. 6, 1942, ch. 581, § 5, 56 Stat. 770; Pub. L. 102–12, § 9(6), Mar. 18, 1991, 105 Stat. 39, related to statutes of limitations as affected by period of service, prior to the general amendment of this Act by Pub. L. 108–189. See section 3936 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 2 cases (2 in the last 5 years), 2021–2021 · leading case: Torres v. City of New York (S.D.N.Y. 2021).
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Torres v. City of New York (S.D.N.Y. 2021). “50 U.S.C. § 3935 (b) (‘If the servicemember is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court.”
Bair v. Snohomish Cnty. (W.D. Wash. 2021). “” 50 U.S.C. § 3935 (b). The choice to proceed without a servicemember is left to the 15 discretion of the Court and the Court considers “whether allowing the case to proceed will 16 prejudice either the absent servicemember or the remaining defendants.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.