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

50 U.S.C. § 3936

Statute of limitations

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(a) Tolling of statutes of limitation during military service

The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

(b) Redemption of real property

A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment.

(c) Inapplicability to internal revenue laws

This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.

(Oct. 17, 1940, ch. 888, title II, § 206, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2844.)Statutory Notes and Related SubsidiariesCodification

Section was formerly classified to section 526 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 206 of act Oct. 17, 1940, ch. 888, art. II, as added Oct. 6, 1942, ch. 581, § 6, 56 Stat. 771; amended Pub. L. 102–12, § 9(7), Mar. 18, 1991, 105 Stat. 39, related to maximum rate of interest, prior to the general amendment of this Act by Pub. L. 108–189. See section 3937 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 30 cases (16 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 3× “On March 8, 2017, the Court ordered supplemental briefing on whether 50 U.S.C. § 3936 would apply to the statute of limitations issue raised in Defendants’ Motion.”
Doe v. City of Duncan, 789 S.E.2d 602 (S.C. Ct. App. 2016). · cites it 2× “50 U.S.C. § 3936 (a). 3 Doe contends the circuit court erred in dismissing his action without applying the Act.”
Jacob McGreevey v. Phh Mortg. Corp., 897 F.3d 1037 (9th Cir. 2018). “If the district court applied the limitations period from any of these statutes, dismissal would be required because—even after taking into account that the period was tolled for 404 days for McGreevey’s active duty service pursuant to 50 U.S.C. § 3936 (a)—more than four years…”
Dowling v. A.R.T. Inst. of Wash., Inc., 372 F. Supp. 3d 274 (D. Maryland 2019). “In response, Dowling contends that the Servicemembers Civil Relief Act ("SCRA"), 50 U.S.C. § 3936 , tolls the claim. The SCRA provides that: The period of a servicemember's military service may not be included in computing any period limited by law, regulation, or order for the…”
Strano & Assocs., Ltd. v. Hale, 2021 IL App (5th) 190501-U (Ill. App. Ct. 2021). · cites it 3× “¶ 54 The defendants also claim that the time for filing the notice of appeal was tolled under section 3936(a) of the SCRA ( 50 U.S.C. § 3936 (a)). The SCRA is a federal law that extends financial and legal protections to person on active duty in the military service of the…”
Larumbe v. Austin (D.D.C. 2023). · cites it 10× “In this case, Plaintiffs assert that the Secretary violated their due process rights, as well as a clear statutory mandate, by misconstruing 50 U.S.C. § 3936 not to apply to their claim.”
George Matthew Culberson & Sarah Elizabeth Culbertson v. Wells Fargo USA Holdings, Inc., Wells Fargo, N.A., Wells Fargo Home Mortg., Inc. Steve Ranney, & Matthew Krueger (La. Ct. App. 2022). · cites it 6× “50 U.S.C. § 3936 provides as follows: § 3936.”
Nancy Spratt v. Donald Bishop (Tenn. Ct. App. 2016). · cites it 2× “In support of this argument, Plaintiff relied on the Servicemembers Civil Relief Act (“SCRA”) 50 U.S.C. § 3936 (a) concerning the tolling of statutes of limitation during military service that provides as follows: The period of a servicemember‟s military service may not be…”
Joseph Wilbur, Jr. v. Dep't of Labor (MSPB 2016). · cites it 2× “He asserts that the time for filing his appeal was extended under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3936 (a). PFR File, Tab 3 at 4.”
In Re Est. of Rickie Charles Vaughn (Tenn. Ct. App. 2019). · cites it 2× “Desoto argued that his military service from November 19, 2012 to April 1, 2014, and the corresponding authority of 50 U.S.C. § 3936 (a),2 tolled the applicable statute of limitations for asserting a claim to the Decedent’s estate.”
Copper Creek Homeowners Ass'n, V. Wilmington Sav. Fund Soc'y (Wash. Ct. App. 2022). · cites it 2× “by or against the service member or the service member’s dependents, heirs, executors, administrators, or assigns.” RCW 38.42.090(1). 8 No. 82083-4/9 political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors,…”
Copper Creek Homeowners Ass'n, V. Wilmington Sav. Fund Soc'y (Wash. Ct. App. 2022). · cites it 2× “50 U.S.C. § 3936 (a). Shawn appears to have defaulted on the note in 2008 or 2009.”
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