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

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LegalText 50 U.S.C. § 3952 Protection under installment contracts for purchase or lease us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 50 SERVICEMEMBERS CIVIL RELIEF 3952 50 U.S.C. § 3952 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/s3952 data/legal/raw/us/code/title-50/usc50.xml 6d752e4f7729196fbf0ff4c2f73a41ec86cfaf8a207f6dac7e1ce504f327a14e 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac 97af85ffc68c5b1bb7f1994f57d83e2d077dbde98a0651fa8b5cfaeb780bac5c 2026-07-04 official
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50 U.S.C. § 3952 - Protection under installment contracts for purchase or lease

Text

(a) Protection upon breach of contract (1) Protection after entering military service After a servicemember enters military service, a contract by the servicemember for—

(A) the purchase of real or personal property (including a motor vehicle); or

(B) the lease or bailment of such property,

may not be rescinded or terminated for a breach of terms of the contract occurring before or during that persons military service, nor may the property be repossessed for such breach without a court order.

(2) Applicability This section applies only to a contract for which a deposit or installment has been paid by the servicemember before the servicemember enters military service.

(b) Misdemeanor A person who knowingly resumes possession of property in violation of subsection (a), or in violation of section 3918 of this title, or who knowingly attempts to do so, shall be fined as provided in title 18, or imprisoned for not more than one year, or both.

(c) Authority of court In a hearing based on this section, the court—

(1) may order repayment to the servicemember of all or part of the prior installments or deposits as a condition of terminating the contract and resuming possession of the property;

(2) may, on its own motion, and shall on application by a servicemember when the servicemembers ability to comply with the contract is materially affected by military service, stay the proceedings for a period of time as, in the opinion of the court, justice and equity require; or

(3) may make other disposition as is equitable to preserve the interests of all parties.

(Oct. 17, 1940, ch. 888, title III, § 302, as added Pub. L. 108189, § 1, Dec. 19, 2003, 117 Stat. 2846; amended Pub. L. 111275, title III, § 303(b)(3), Oct. 13, 2010, 124 Stat. 2878.)

Notes

Editorial Notes

Codification Section was formerly classified to section 532 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior ProvisionsA prior section 302 of act Oct. 17, 1940, ch. 888, art. III, 54 Stat. 1182; Oct. 6, 1942, ch. 581, §§ 9(b), (c), 10, 56 Stat. 771, 772; June 23, 1952, ch. 450, 66 Stat. 151; Pub. L. 10212, § 9(9), (10), Mar. 18, 1991, 105 Stat. 40, related to mortgages and trust deeds, prior to the general amendment of this Act by Pub. L. 108189. See section 3953 of this title.

Amendments2010—Subsec. (b). Pub. L. 111275 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to penalties.

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.