source:
  type: regulation
  id: scra-50usc-3931
  authority: 50 U.S.C. §3931 — Protection of servicemembers against default judgments
  description: 'SCRA §3931 governs civil actions and proceedings (including child custody

    proceedings) in which the defendant does not make an appearance. It

    imposes plaintiff-facing duties — directly applicable to [LENDER] when

    [LENDER] is the plaintiff in a judicial foreclosure, a deficiency action,

    or any other civil collection proceeding: (i) before judgment, [LENDER]

    must file an affidavit stating whether the defendant is in military

    service (subsection (b)); (ii) a knowing false affidavit is a federal

    criminal offense (subsection (c)); (iii) on appointment of counsel for

    a servicemember defendant or on motion, the court must grant a 90-day

    minimum stay of proceedings (subsection (d)); and (iv) any default

    judgment entered against a servicemember during military service (or

    within 60 days after release) is subject to reopening on application

    within 90 days after the servicemember''s release (subsection (g)).

    '
obligations:
- id: scra-50usc-3931-a
  canonical_id: scra-50usc-3931-a
  section: 50 U.S.C. §3931(a)
  description: '(a): (a) Applicability of section This section applies to any civil action or proceeding,
    including any child custody proceeding, in which the defendant does not make an appearance.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (a) Applicability of section This section applies to any civil action or proceeding,
      including any child custody proceeding, in which the defendant does not make an appearance.
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-b
  canonical_id: scra-50usc-3931-b
  section: 50 U.S.C. §3931(b)
  description: '(b): (b) Affidavit requirement (1) Plaintiff to file affidavit In any action or proceeding
    covered by this section, the court , before entering judgment for the plaintiff, shall require the
    plaintiff to file with the court an affidavit— (A) stating whether or not the defendant is in military
    service and …'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (b) Affidavit requirement (1) Plaintiff to file affidavit In any action or proceeding
      covered by this section, the court , before entering judgment for the plaintiff, shall require the
      plaintiff to file with the court an affidavit— (A) stating whether or not the defendant is in military
      service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable
      to determine whether or not the defendant is in military service , stating that the plaintiff is
      unable to determine whether or not the defendant is in military service . (2) Appointment of attorney
      to represent defendant in military service If in an action covered by this section it appears that
      the defendant is in military service , the court may not enter a judgment until after the court
      appoints an attorney to represent the defendant. If an attorney appointed under this section to
      represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall
      not waive any defense of the servicemember or otherwise bind the servicemember. (3) Defendant’s
      military status not ascertained by affidavit If based upon the affidavits filed in such an action,
      the court is unable to determine whether the defendant is in military service , the court, before
      entering judgment, may require the plaintiff to file a bond in an amount approved by the court.
      If the defendant is later found to be in military service , the bond shall be available to indemnify
      the defendant against any loss or damage the defendant may suffer by reason of any judgment for
      the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond
      shall remain in effect until expiration of the time for appeal and setting aside of a judgment under
      applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision
      of a State. The court may issue such orders or enter such judgments as the court determines necessary
      to protect the rights of the defendant under this chapter. (4) Satisfaction of requirement for affidavit
      The requirement for an affidavit under paragraph (1) may be satisfied by a statement, declaration,
      verification, or certificate, in writing, subscribed and certified or declared to be true under
      penalty of perjury.
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-c
  canonical_id: scra-50usc-3931-c
  section: 50 U.S.C. §3931(c)
  description: '(c): (c) Penalty for making or using false affidavit A person who makes or uses an affidavit
    permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized
    under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, or imprisoned
    for n…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (c) Penalty for making or using false affidavit A person who makes or uses an affidavit
      permitted under subsection (b) (or a statement, declaration, verification, or certificate as authorized
      under subsection (b)(4)) knowing it to be false, shall be fined as provided in title 18, or imprisoned
      for not more than one year, or both.
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-d
  canonical_id: scra-50usc-3931-d
  section: 50 U.S.C. §3931(d)
  description: '(d): (d) Stay of proceedings In an action covered by this section in which the defendant
    is in military service , the court shall grant a stay of proceedings for a minimum period of 90 days
    under this subsection upon application of counsel, or on the court’ s own motion, if the court determines
    that— (1)…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (d) Stay of proceedings In an action covered by this section in which the defendant
      is in military service , the court shall grant a stay of proceedings for a minimum period of 90
      days under this subsection upon application of counsel, or on the court’ s own motion, if the court
      determines that— (1) there may be a defense to the action and a defense cannot be presented without
      the presence of the defendant; or (2) after due diligence, counsel has been unable to contact the
      defendant or otherwise determine if a meritorious defense exists.
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-e
  canonical_id: scra-50usc-3931-e
  section: 50 U.S.C. §3931(e)
  description: '(e): (e) Inapplicability of section 3932 procedures A stay of proceedings under subsection
    (d) shall not be controlled by procedures or requirements under section 3932 of this title .'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (e) Inapplicability of section 3932 procedures A stay of proceedings under subsection
      (d) shall not be controlled by procedures or requirements under section 3932 of this title .
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-f
  canonical_id: scra-50usc-3931-f
  section: 50 U.S.C. §3931(f)
  description: '(f): (f) Section 3932 protection If a servicemember who is a defendant in an action covered
    by this section receives actual notice of the action, the servicemember may request a stay of proceeding
    under section 3932 of this title .'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (f) Section 3932 protection If a servicemember who is a defendant in an action covered
      by this section receives actual notice of the action, the servicemember may request a stay of proceeding
      under section 3932 of this title .
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-g
  canonical_id: scra-50usc-3931-g
  section: 50 U.S.C. §3931(g)
  description: '(g): (g) Vacation or setting aside of default judgments (1) Authority for court to vacate
    or set aside judgment If a default judgment is entered in an action covered by this section against
    a servicemember during the servicemember ’s period of military service (or within 60 days after termination
    of or r…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (g) Vacation or setting aside of default judgments (1) Authority for court to vacate
      or set aside judgment If a default judgment is entered in an action covered by this section against
      a servicemember during the servicemember ’s period of military service (or within 60 days after
      termination of or release from such military service) , the court entering the judgment shall, upon
      application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing
      the servicemember to defend the action if it appears that— (A) the servicemember was materially
      affected by reason of that military service in making a defense to the action; and (B) the servicemember
      has a meritorious or legal defense to the action or some part of it. (2) Time for filing application
      An application under this subsection must be filed not later than 90 days after the date of the
      termination of or release from military service .
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: scra-50usc-3931-h
  canonical_id: scra-50usc-3931-h
  section: 50 U.S.C. §3931(h)
  description: '(h): (h) Protection of bona fide purchaser If a court vacates, sets aside, or reverses
    a default judgment against a servicemember and the vacating, setting aside, or reversing is because
    of a provision of this chapter, that action shall not impair a right or title acquired by a bona fide
    purchaser for va…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3931(b)(1), (b)(4), (c)
    source_class: scra-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3931
    snapshot_id: 5a592a5914ac6ec4
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:5bbcfb964f2bd856d38212ea4ea1f6eb9820cadb397bbb3624a08fe6abaa53f6
    paragraph_quote: (h) Protection of bona fide purchaser If a court vacates, sets aside, or reverses
      a default judgment against a servicemember and the vacating, setting aside, or reversing is because
      of a provision of this chapter, that action shall not impair a right or title acquired by a bona
      fide purchaser for value under the default judgment. (Oct. 17, 1940, ch. 888, title II, § 201, as
      added Pub. L. 108–189, § 1 , Dec. 19, 2003 , 117 Stat. 2840 ; amended Pub. L. 110–181, div. A, title
      V, § 584(a) , Jan. 28, 2008 , 122 Stat. 128 .)
    drafter_attestation: Verbatim subsection of 50 U.S.C. §3931 from Cornell LII snapshot 5a592a5914ac6ec4;
      body isolated between nav and notes; substring-verified.
  judgment: false
