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
- Sued While Serving? The SCRA Default-Judgment Shield
Deployed and miss a lawsuit: the court can default-judgment you and garnish wages. 50 U.S.C. § 3931 blocks that and lets you reopen one that slipped through.
- Divorce While Deployed: SCRA Stays, Waivers, Custody & Defaults
Filing for divorce against a deployed servicemember, or getting divorced while deployed: the SCRA stay, the military affidavit, the waiver, and custody.
- Does the SCRA Cover Veterans? What Survives Separation
The SCRA is active-duty law, so most protections end when you separate. But five post-service windows keep paying. What survives, what dies, and the deadlines.
- Military Affidavit: What It Is, When Courts Require It, How to Get One
Before any default judgment, 50 U.S.C. § 3931 makes the plaintiff swear to the defendant's military status. The rule, the DMDC check, and 14 state forms.
- Military Divorce Retirement Pay: 10/10 Rule, Frozen Benefit Calculator
Calculate the former spouse's share of military retired pay under the frozen benefit rule, the 10/10 rule for DFAS direct pay, the 50% cap, SBP and 20/20/20.
- Pause Any Lawsuit 90+ Days: The SCRA Stay
50 U.S.C. § 3932 forces a court to pause any civil case at least 90 days when military duty keeps you from appearing. Deploy without losing by default.
- SCRA & Wage Garnishment: Stop or Vacate the Order
A court can stay or vacate a garnishment when service affects your ability to pay. Commercial creditors need a judgment; child support and DFAS debt do not.
- SCRA and Bankruptcy: How the Protections Fit Together
The SCRA applies inside bankruptcy court, and a separate rule lets many veterans, reservists, and Guard members skip the Chapter 7 means test entirely.
- SCRA Compliance for Lenders & Servicers: The Audit-Ready Checklist
The creditor-side rules of the SCRA: § 3937 rate cap mechanics, DMDC verification, court-order gates, HUD-92070, the $79,380 penalty, and what DOJ fined for.
- SCRA Deadlines & Timeline: Every Window Explained
How long does SCRA protection last? Every deadline with its statute: the 180-day cap request, the 90-day stay, the 1-year mortgage tail, and more.
- SCRA Debt Relief: Stretch Pre-Service Debt by Your Time in Service
A court can spread pre-service debt over your time in service, with no penalties, under 50 U.S.C. § 4021. Calculator, plus collections and co-signers.
- SCRA Eligibility: Who Qualifies, When It Starts & Ends
Who qualifies for the SCRA under 50 U.S.C. § 3911: active duty, Guard, Reserve, spouses, veterans, and which debts count. Status table, start and end dates.
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.
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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.
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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.
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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.
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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.
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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.
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.