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(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(B) the lease or bailment of such property, may not be rescinded or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
person's 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) PENALTIES-
(1) MISDEMEANOR- A person who knowingly resumes possession of property
in violation of subsection (a), or in violation of section
107 of this
Act, or who knowingly 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 AND RIGHTS- The remedies 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 award for consequential
and punitive damages.
(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 servicemember's 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.
Next page > Section
303 - Mortgages
and trust deeds
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