Pause a court case while on military duty
50 U.S.C. § 3932(b)(1)
In plain words
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Who is protected
Servicemembers in military service, or within 90 days after it ends, who are parties to a civil court case.
When it applies
- Only after a notice of default, once a sale date is set or after the foreclosure sale.
- Only if you (or your spouse) are in military service.
- Applies to court cases (such as judicial foreclosure or eviction), not to out-of-court foreclosure steps.
What you can do
Ask the court for a stay
File a written request with a letter explaining how your duty affects your ability to appear and when you can appear, plus a letter from your commanding officer.
Open the tool
Honest limits
- A stay pauses the case; it does not end it or cancel the debt.
- Asking for a stay under § 3932 is not a waiver of your defenses (§ 3932(c)), but read court papers carefully and get help.
- Free help: your installation's legal assistance (JAG) office can review SCRA issues with you.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
The law
- Federal lawSCRA — stay when the servicemember has notice
50 U.S.C. § 3932(b)(1)
Exact part: (b)(1)
What it says: On the servicemember's application, the court must stay the case for at least 90 days if the conditions are met.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3932&num=0&edition=prelim - Federal lawSCRA — what the stay request must show
50 U.S.C. § 3932(b)(2)
Exact part: (b)(2)
What it says: The request must explain how military duty affects the ability to appear and include a commanding officer's statement.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3932&num=0&edition=prelim - Federal lawSCRA — military affidavit before default judgment
50 U.S.C. § 3931(b)
Exact part: (b)
What it says: Before a default judgment, the plaintiff must file an affidavit stating whether the defendant is in military service; the court may appoint an attorney.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3931&num=0&edition=prelim - Federal lawSCRA — stay in default cases
50 U.S.C. § 3931(d)
Exact part: (d)
What it says: The court must grant at least a 90-day stay in some cases where the defendant is in military service.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3931&num=0&edition=prelim
Court cases
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
Related rights
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50 U.S.C. § 3953(a)
If you took out your mortgage before you entered military service, a foreclosure sale during your service — or within 1 year after it ends — is not valid unless a court approves it first (or you signed a valid waiver). A court can also pause the case or adjust the loan if military service affected your ability to pay.
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