defendant if the serviceman’s defense was affected by his service and he had a defense.
This application must occur within 90 days of the termination or release from service
o If a court vacates, sets aside, or reverses a default judgment against a servicemember based on this Act, it will not impair a right or title acquired by a purchaser for value under the default judgment. o 50 App. U.S.C.A § 521 – protection of servicemembers against default judgments. -
These protections also apply to servicemembers working for American allies until the date of their discharge. 50 App. U.S.C.A § 514 – extension of protections to citizens serving with allied forces.
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Court may Stay of Proceedings When Servicemember has Notice o In any civil action, including child custody proceedings, in which either party is in military service or within 90 days of ending service and has notice, there can be a stay of at least 90 days by the party’s application or by the court’s own motion at any point before final judgment. An application for a stay must include details about military requirements and their affect on the party’s ability to appear in court and a letter from the commanding officer confirming that the party is prevented from appearing in court. 50 App. U.S.C.A § 522(b) – stay of proceedings. o This application for a stay does not mean that the party makes an appearance for jurisdictional purposes and is not a waiver of a defense. 50 App. U.S.C.A § 522(c) – application not a wavier of defenses. o A servicemember who is granted a stay can make an application for an additional stay. If denied, the court must appoint counsel to represent the servicemember. This stay does not apply to evictions. 50 App. U.S.C.A § 522(d) – additional stay. o 50 App. U.S.C.A § 522 – stay of proceedings when servicemember has notice.
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