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SCRASAVER

Defend Your Rights in Court

Sued, served, or facing eviction while you serve? Default-judgment shields, the 90-day stay, the rights you can be tricked into waiving, and how to make a lender that broke the law pay.

These are the protections that work inside a courtroom rather than on a billing statement. They exist because a servicemember who cannot appear should not lose by default, and because deployment is not a reason to be steamrolled by a civil case.

Two sections do most of the work. Section 3931 stops a default judgment being entered against someone who never showed up, by forcing the plaintiff to tell the court whether the defendant is in military service. Section 3932 lets you pause a case you do know about, and the court must grant at least 90 days when you meet the conditions.

Both are procedural, which is why they get waived by accident. The stay is not automatic; you have to ask, and the application has requirements that catch people out.

At a glance

Default judgments
50 U.S.C. § 3931
What the plaintiff must file
An affidavit stating whether the defendant is in military service, before judgment is entered
If you are in service
The court may not enter judgment until it appoints an attorney to represent you
Stay of proceedings
50 U.S.C. § 3932
Minimum stay
Not less than 90 days, and the court shall grant it when the conditions are met
Who can apply
A party in military service, or within 90 days after termination of or release from service
Application must include
A letter stating how current duty materially affects your ability to appear and when you will be available, plus a letter from your commanding officer
Applies to
Any civil action or proceeding, expressly including child custody proceedings

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Frequently asked questions

A default judgment was entered against me while I was deployed. Can it be undone?

That is exactly what § 3931 exists for. Before entering judgment against a defendant who did not appear, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service. Where it turns out the defendant was serving, the section provides the route to reopen. Our enforcement ledger includes a 2026 settlement where a property manager filed a false affidavit and obtained an eviction judgment against an active-duty sailor.

How long a stay can I get?

Not less than 90 days. Under § 3932(b) the court may stay on its own motion and must stay on your application, provided the application meets the conditions. Longer stays can be sought after that initial period.

What has to be in the stay application?

Two things, and missing either one is the usual reason an application fails. A letter or other communication setting out how your current military duty requirements materially affect your ability to appear, and stating a date when you will be available. And a letter from your commanding officer stating that your current duty prevents appearance.

I got out three weeks ago. Is it too late?

No. Section 3932 covers a party who is in military service or is within 90 days after termination of or release from military service, provided they have received notice of the proceeding.

Does this cover family court?

Yes. Both § 3931 and § 3932 state that they apply to any civil action or proceeding, including any child custody proceeding.

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