Public Law 108-189; 108th Congress An Act To restate, clarify, and revise the Solders' and Sailors' Civil Relief Act of 1940. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RESTATEMENT OF ACT. The Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.) is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This <<NOTE: 50 USC app. 501.>> Act may be cited as the `Servicemembers Civil Relief Act'. * * * * * * * * `SEC. 307. (NOTE: 50 USC app. 537) ENFORCEMENT OF STORAGE LIENS. ``(a) LIENS.-- ``(1) LIMITATION ON FORECLOSURE OR ENFORCEMENT.--A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement. ``(2) LIEN DEFINED.--For the purposes of paragraph (1), the term `lien' includes a lien for storage, repair, or cleaning of the property or effects of a servicemember or a lien on such property or effects for any other reason. ``(b) STAY OF PROCEEDINGS.--In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and shall if requested by a servicemember whose ability to comply with the obligation resulting in the proceeding is materially affected by military service-- ``(1) stay the proceeding for a period of time as justice and equity require; or ``(2) adjust the obligation to preserve the interests of all parties. The provisions of this subsection do not affect the scope of section 303. ``(c) PENALTIES.-- ``(1) MISDEMEANOR.--A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. ``(2) PRESERVATION OF OTHER REMEDIES.--The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any consequential or punitive damages. SEC. 308. (NOTE: 50 USC app. 538) EXTENSION OF PROTECTIONS TO DEPENDENTS. ``Upon application to a court, a dependent of a servicemember is entitled to the protections of this title if the dependent's ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember's military service. * * * * * * * * SEC. 3. (NOTE: Applicability. 50 USC app. 501 note.) EFFECTIVE DATE. The amendment made by section 1 shall apply to any case that is not final before the date of the enactment of this Act. Approved December 19, 2003. LEGISLATIVE HISTORY--H.R. 100 (S. 1136): ---------------------------------------------------------- HOUSE REPORTS: No. 108-81 (Comm. on Veterans' Affairs). SENATE REPORTS: No. 108-197 accompanying S. 1136 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 149 (2003): May 7, considered and passed House. Nov. 21, considered and passed Senate, amended, in lieu of S. 1136. Dec. 8, House concurred in Senate amendment. <all>
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