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
- 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.
- 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.
- How to Apply for SCRA Benefits (and How Long It Actually Takes)
No SCRA application exists. You notify each creditor in writing with your orders, up to 180 days after service. What to send, where, and how long it takes.
- Refinance Before the Line, Never After: The SCRA Timing Rule
Refinancing during service creates a new loan with no SCRA cap at all. Done before your start date, the same move caps everything at 6%. Where the line falls.
- SCRA & Contract Penalties: Fees a Court Can Erase
50 U.S.C. § 3933 stops penalties from piling up during a stay and lets a court waive fines for missed contract terms when military service caused the miss.
- 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 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.
- SCRA Tolling: Your Legal Deadlines Pause During Service
50 U.S.C. § 3936 freezes the statute of limitations during military service, for claims by AND against you. Automatic, no material-effect test. One exception.
- The SCRA and MLA Benefits Most People Never Use
The lawful SCRA and MLA plays servicemembers rarely claim: 6% on your mortgage, penalty-free lease exits, a paused lawsuit, and tax you stop paying.
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.
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.