Benefit and you may Security No. 2 – Protections against standard judgments. 50 You.S.C. § 3931
Answer: Only for the period of time between when he entered military service and when he consolidated his private student loans. Look for 50 U.S.C. § 3937(a)(1).
In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: 1) that the defendant is in military service; 2) that the defendant is not in military service; or 3) that the creditor is unable to determine whether or not the defendant is in military service after making a good faith effort to determine the defendant's military service status. Id. at § 3931(b)(1). This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings. [Note: Foreclosures typically proceed in one of two ways, either judicially (through a court process), or non-judicially (without a court's involvement). The way in which the SCRA treats the two types of foreclosure proceedings is very different, look for 50 U.S.C. §§ 3931, 32 & 53, and states typically specify which way foreclosures may proceed within their borders.]
Servicemember Doe's established education loan got its start over a period of army service
To ensure a person's army service position, one may browse brand new Institution away from Defense's Defense Manpower Studies Center (“DMDC”) databases. Which database can be found online in the:
The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember. 50 U.S.C.
