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2026-07-06 10:51:44 -04:00

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LegalText 50 U.S.C. § 3918 Waiver of rights pursuant to written agreement us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 50 SERVICEMEMBERS CIVIL RELIEF 3918 50 U.S.C. § 3918 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip /us/usc/t50/s3918 data/legal/raw/us/code/title-50/usc50.xml 5ee92d29b795be015b704431bc195b8f6980fda5b420dfff4c45a126c4590076 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac d547ae1c7a28f3bc95a5d804d874ed7bb2fbe7264f5d0fb51a819b3947a8ff0a 2026-07-04 official
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50 U.S.C. § 3918 - Waiver of rights pursuant to written agreement

Text

(a) In general A servicemember may waive any of the rights and protections provided by this chapter. Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies. In the case of a waiver that permits an action described in subsection (b), the waiver is effective only if made pursuant to a written agreement of the parties that is executed during or after the servicemembers period of military service. The written agreement shall specify the legal instrument to which the waiver applies and, if the servicemember is not a party to that instrument, the servicemember concerned.

(b) Actions requiring waivers in writing The requirement in subsection (a) for a written waiver applies to the following:

(1) The modification, termination, or cancellation of—

(A) a contract, lease, or bailment; or

(B) an obligation secured by a mortgage, trust, deed, lien, or other security in the nature of a mortgage.

(2) The repossession, retention, foreclosure, sale, forfeiture, or taking possession of property that—

(A) is security for any obligation; or

(B) was purchased or received under a contract, lease, or bailment.

(c) Prominent display of certain contract rights waivers Any waiver in writing of a right or protection provided by this chapter that applies to a contract, lease, or similar legal instrument must be in at least 12 point type.

(d) Coverage of periods after orders received For the purposes of this section—

(1) a person to whom section 3917 of this title applies shall be considered to be a servicemember; and

(2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 3917 of this title shall be considered to be a period of military service.

(Oct. 17, 1940, ch. 888, title I, § 107, as added Pub. L. 108189, § 1, Dec. 19, 2003, 117 Stat. 2839; amended Pub. L. 108454, title VII, § 702, Dec. 10, 2004, 118 Stat. 3624.)

Notes

Editorial Notes

Codification Section was formerly classified to section 517 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior ProvisionsA prior section 107 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, § 4, 56 Stat. 770, related to effect on rights and remedies pursuant to written agreements entered after commencement of military service, prior to the general amendment of this Act by Pub. L. 108189.

Amendments2004—Subsec. (a). Pub. L. 108454, § 702(1), inserted after first sentence: “Any such waiver that applies to an action listed in subsection (b) of this section is effective only if it is in writing and is executed as an instrument separate from the obligation or liability to which it applies.” Subsecs. (c), (d). Pub. L. 108454, § 702(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108189, set out as a note under section 3901 of this title.