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SCRASAVER

Subchapter II. General Relief

50 U.S.C. § 3932: The 90-Day SCRA Stay When You Know of the Case

Official heading: Stay of proceedings when servicemember has notice

In one line

Pauses any civil case, including a custody case, for at least 90 days once you show that duty keeps you from appearing. It applies during service and 90 days after, and asking for the stay does not waive your defenses.

  • The stay is not less than 90 days on application, and the court may also grant it on its own motion
  • Application needs your letter stating how duty prevents your appearance and when you can appear, plus a commanding officer’s letter that leave is not authorized
  • If the court refuses a further stay, it must appoint counsel to represent you

Text checked October 9, 2026

What § 3932 does to your money

When you know about the case, this is the section you use. It covers any civil action or proceeding, custody included, in which you are a plaintiff or defendant and are in military service or within 90 days after leaving it. At any stage before final judgment the court may stay the case on its own, and must stay it on your application, for at least 90 days.

The application needs two letters. Yours says how current military duty materially affects your ability to appear and gives a date you will be available. Your commanding officer’s says current duty prevents your appearance and military leave is not authorized now. Filing the application is not an appearance for jurisdiction and waives no defense, including lack of personal jurisdiction, so asking for time does not concede the court’s power over you.

You can ask for an additional stay with the same two letters, and if the court refuses it, the court must appoint counsel for you. Two traps: if your § 3932 application fails, you cannot later use § 3931’s default-judgment protections; and § 3932 does not apply to evictions, which get their own stay under § 3951.

Guides on this site that apply § 3932

1 of the site’s state pages also cite § 3932 when they compare a state law to the federal rule.

The full text of 50 U.S.C. § 3932

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 plaintiff or defendant at the time of filing an application under this section:

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings

(1) Authority for stay

At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.

(2) Conditions for stay

An application for a stay under paragraph (1) shall include the following:

(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember's ability to appear and stating a date when the servicemember will be available to appear.

(B) A letter or other communication from the servicemember's commanding officer stating that the servicemember's current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.

(c) Application not a waiver of defenses

An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).

(d) Additional stay

(1) Application

A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional stay based on continuing material affect of military duty on the servicemember's ability to appear. Such an application may be made by the servicemember at the time of the initial application under subsection (b) or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under subsection (b)(2) shall be included in an application under this subsection.

(2) Appointment of counsel when additional stay refused

If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding.

(e) Coordination with section 3931

A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 3931 of this title.

(f) Inapplicability to section 3951

The protections of this section do not apply to section 3951 of this title.

Enacted and amended by: (Oct. 17, 1940, ch. 888, title II, §202, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108-454, title VII, §703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110-181, div. A, title V, §584(b), Jan. 28, 2008, 122 Stat. 128.)

What changed, and when

The Office of the Law Revision Counsel’s amendment notes for § 3932, newest first.

  • 2008: Subsec. (a). Pub. L. 110-181 inserted ", including any child custody proceeding," after "civil action or proceeding" in introductory provisions.
  • 2004: Subsec. (a). Pub. L. 108-454 inserted "plaintiff or" before "defendant" in introductory provisions.

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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