Skip to content
SCRASAVER

Subchapter II. General Relief

50 U.S.C. § 3933: SCRA Relief From Contract Penalties and Fines

Official heading: Fines and penalties under contracts

In one line

Blocks contract penalties from piling up while a case is stayed under this chapter, and lets a court cut or waive a penalty you incurred because service materially affected your ability to perform.

  • No penalty accrues for nonperformance of a contract during the period of a stay

Text checked October 9, 2026

What § 3933 does to your money

Late fees, liquidated damages and default penalties keep running during a deployment unless something stops them. Section 3933 does two things. First, when a court stays an action to enforce a contract under the Act, no penalty for failing to comply with that contract accrues during the stay.

Second, if you failed to perform a contract obligation and a fine or penalty resulted, a court may reduce or waive it if you were in military service when it was incurred and service materially affected your ability to perform. “May” means you have to ask, and you carry the burden of tying service to the missed obligation: the orders, the dates, and why you could not pay or perform.

Pair it with the sections that stop penalties before they start. The 6% cap in § 3937 counts fees as interest on pre-service debt, and lease and contract termination under §§ 3955 and 3956 bar early termination charges. In practice the request rides along with a § 3932 stay application or a motion to reopen a default under § 3931, in the same case where the creditor sued for the penalty.

Guides on this site that apply § 3933

The full text of 50 U.S.C. § 3933

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) Prohibition of penalties

When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.

(b) Reduction or waiver of fines or penalties

If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:

(1) the servicemember was in military service at the time the fine or penalty was incurred; and

(2) the ability of the servicemember to perform the obligation was materially affected by such military service.

Enacted and amended by: (Oct. 17, 1940, ch. 888, title II, §203, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2843.)

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.

Know someone this saves money? Pass it on

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.

Know someone this saves money? Pass it on

Stay ahead of the law

New guides and rate changes, in your inbox

When an issuer changes its military rate or a new protection guide goes live, you hear about it first. No spam, and you can unsubscribe anytime.

We never sell your email. Read our privacy policy.

Use Google? Add SCRA Saver as a preferred source and Google marks our guides with a preferred badge in your results.