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SCRASAVER

Subchapter II. General Relief

50 U.S.C. § 3931: SCRA Default Judgment Protection, Full Text

Official heading: Protection of servicemembers against default judgments

In one line

Stops a court from entering a default judgment against you without first checking whether you are in the military. If you are, the court must appoint a lawyer and can stay the case, and a judgment entered during service can be reopened.

  • The plaintiff must file an affidavit stating whether the defendant is in military service before a default judgment; knowingly filing a false one is punishable by fine or up to one year in prison
  • The court must stay the case at least 90 days when there may be a defense that needs the absent defendant, or when appointed counsel cannot reach the defendant
  • A default judgment entered during service or within 60 days after can be reopened if you apply within 90 days after leaving service, were materially affected by service, and have a meritorious defense

Text checked October 9, 2026

What § 3931 does to your money

Much of the money servicemembers lose to the courts is lost to judgments entered while they were not there: a credit card suit, an eviction, a deficiency after repossession. Section 3931 covers any civil case, custody included, in which the defendant does not appear. Before entering judgment for the plaintiff, the court must require an affidavit stating whether you are in military service, with supporting facts, or stating that the plaintiff could not determine it. Knowingly making or using a false affidavit is a federal crime punishable by a fine, up to one year in prison, or both.

If it appears you are in service, the court cannot enter judgment until it appoints an attorney to represent you. It must stay the case for at least 90 days if there may be a defense that needs you present, or if that attorney cannot reach you. Where the affidavits leave your status unclear, the court may require the plaintiff to post a bond that pays you back if the judgment is later set aside.

If a default judgment was entered against you during service or within 60 days after it ended, you can apply to reopen it until 90 days after you leave service. You must show that service materially affected your ability to defend, and that you have a meritorious or legal defense to all or part of the claim. One limit costs people property: reopening does not undo a sale to a bona fide purchaser who bought under the judgment, so move before the asset is sold.

Guides on this site that apply § 3931

Enforcement record: 5 Justice Department cases

Cases in the site’s DOJ enforcement ledger about the conduct § 3931 governs, newest first, each transcribed from the Justice Department’s own record.

  • Rental Marketing Solutions, LLC (RMS) (2026)

    Settlement (May 13, 2026): $60,000 in compensation to the servicemember plus ten years of credit monitoring for him, a $6,000 civil penalty, and SCRA policies and procedures going forward.

  • Billy Joe Goines, d/b/a Goines Towing & Recovery (2023 to 2024)

    Consent order (entered February 1, 2024): $66,805.06 in relief for the affected servicemembers, a $30,000 civil penalty, one stored vehicle returned to its owner, storage fees forgiven for certain servicemembers, SCRA training, and new policies.

  • Chesapeake Coveside Lane Apartments Property Owner, LLC, et al. (2022)

    Consent order (entered September 14, 2022): $225,000 in total monetary relief ($162,971 to affected servicemembers and a $62,029 civil penalty), the judgments vacated, amounts collected under them reimbursed, credit repair, SCRA training, and new policies.

  • New Jersey Higher Education Student Assistance Authority (2021)

    Consent decree (entered October 21, 2021): $15,000 in damages to each of the two servicemembers and a $20,000 civil penalty, $50,000 in total, plus policy changes to prevent future violations.

  • PRG Real Estate Management and related entities (2019)

    Settlement (March 15, 2019): up to $1,490,000 for 127 servicemembers hit with unlawful default judgments, $34,920 for 10 servicemembers charged unlawful termination fees, a $62,029 civil penalty, credit repair, policy changes, and compliance monitoring.

The full text of 50 U.S.C. § 3931

From the United States Code, 2024 Edition, current through January 6, 2025, as published by the U.S. Government Publishing Office on GovInfo (retrieved October 10, 2026). No amendment enacted after the edition cutoff was found on Cornell LII or in GovInfo’s compiled SCRA (amended through Pub. L. 118-159, Dec. 23, 2024). House style: the Code’s em dashes before a list are shown as colons, and en dashes as hyphens or “to”; no word of the text is changed.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

Enacted and amended by: (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.)

What changed, and when

The Office of the Law Revision Counsel’s amendment notes for § 3931, newest first.

  • 2008: Subsec. (a). Pub. L. 110-181 inserted ", including any child custody proceeding," after "proceeding".

Effective date: Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108-189, set out as a note under section 3901 of this title.

Every section of the Act, including the short administrative ones without their own page, is on the section-by-section index.

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