According to federal law, members of the military may suspend or postpone some civil obligations so that they may devote their full attention to military duties. The law protects active-duty military members, reservists, and National Guardsmen in active federal service. Some of the statutory benefits also extend to dependents of active-duty military members.

Among the forms of relief provided are:

1. Stay of proceedings – If either a military service member (MSM) or a veteran within 90 days after release from military service is being sued and has notice of the lawsuit, the MSM can obtain a stay (i.e., postponement) of those proceedings. To obtain a stay, the MSM’s application must: (a) demonstrate how military service materially affects his/her ability to appear and states a date when the MSM will be available to appear, and (b) include a communication from his/her commanding officer that the MSM’s military duty prevents his/her appearance and military leave is not authorized. The MSM may request a postponement during any stage of the proceedings before the entry of final judgment. The court may decide, and must, upon application by the MSM, stay the action for not less than 90 days if the MSM has satisfied the above-described criteria. The MSM also may apply for an additional stay if his/her military duty continues to materially affect his/her ability to appear. (50 USC § 3932.)
2. Default Judgment – A court enters a default judgment against a party who has failed to appear to defend against an action. Before entering such a judgment in favor of a plaintiff, the court must require the plaintiff to file an affidavit (i.e., a written declaration of fact) stating whether the defendant is in the military service and showing facts to support the affidavit or, if the plaintiff is unable to determine if the defendant is in military service, stating that fact. (50 USC § 3931.) If it appears that the defendant is a MSM, the court may not enter judgment until it has appointed an attorney to represent the MSM. If the attorney cannot locate the MSM, the actions by the attorney do not waive any defense of the MSM or otherwise bind the MSM. If the court cannot determine if the defendant is in military service, the court, before it enters judgment, may require the plaintiff to file a bond in an amount sufficient to repay the defendant against loss should the judgment ultimately be set aside. If the defendant is in military service, the court must grant a stay of proceedings for a minimum of 90 days upon appointment of counsel on the court’s own motion: (a) if the court determines there may be a defense to the action for which the MSM’s presence is required or (b) if counsel is unable to contact the defendant or otherwise determine if a meritorious defense exists. (50 USC § 3931.) If a court enters a default judgment against a MSM during his time of service or within 60 days after the MSM’s release, the court, upon application made by the MSM within 90 days of the MSM’s release from military service, may reopen the case to allow the MSM to defend the action if it appears that the MSM was materially affected because of military service in making a defense to the action and the MSM has a meritorious or legal defense to the action or some part of it. (50 USC § 3931.)
3. Protection from eviction – If the MSM is leasing a house or apartment primarily as a residence and his/her monthly rent does not exceed the cap calculated by the Secretary of Defense for the particular year in question, the MSM or his/her dependents cannot be evicted during the MSM’s period of military service except by court order. A court may decide -and must upon the application of a MSM whose ability to pay rent is materially affected by military service – to stay the proceedings for 90 days unless the court believes equity and justice require more or less time or may adjust the lease obligations to preserve the interests of all parties. If the court grants a stay, it also may grant the owner or operator appropriate relief, as determined by the court. (50 USC § 3951.)
4. Termination of residential leases during military service – Residents who enter military service or a MSM who is a resident and receives permanent change of station (“PCS”) orders or who are deployed for 90 days or more may terminate a lease by providing written notice to the owner or operator along with a copy of the military orders. The termination of a lease that provides for monthly payment of rent occurs 30 days after the first date on which the next rental payment is due and payable after the owner or operator receives proper written notice. (50 USC § 3955.) The owner or operator may not charge an early termination fee, but the MSM remains liable for other lease obligations (e.g., reasonable charges for excess wear). Within 30 days of the effective date of the termination, the owner or operator must refund the MSM any rents or lease amounts paid in advance for a period after the termination date.
   
   

Keywords: soldier, active duty, army, navy, marine, coast guard, air force