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(a)
LIENS-
(1) LIMITATION ON FORECLOSURE OR ENFORCEMENT- A person holding a lien
on the property or effects of a servicemember may not, during any period
of military service of the servicemember and for 90 days thereafter,
foreclose or enforce any lien on such property or effects without a court
order granted before foreclosure or enforcement.
(2) LIEN DEFINED- For the purposes of paragraph (1), the term `lien'
includes a lien for storage, repair, or cleaning of the property or effects
of a servicemember or a lien on such property or effects for any other
reason.
(b) STAY OF PROCEEDINGS- In a proceeding to foreclose or enforce a
lien subject to this section, the court may on its own motion, and shall
if requested by a servicemember whose ability to comply with the obligation
resulting in the proceeding is materially affected by military service--
(1) stay the proceeding for a period of time as justice and equity
require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section
303.
(c) PENALTIES-
(1) MISDEMEANOR- A person who knowingly takes an action contrary to
this section, or 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- The remedy 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 consequential or punitive damages.
Next page > Section
308 - Extension
of protections to dependents
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