Collection Actions: 50 U.S.C. § 3915. Notification of benefits
The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.
The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.
(a) Civil action
The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—
(1) engages in a pattern or practice of violating this chapter; or
(2) engages in a violation of this chapter that raises an issue of significant public importance.
(b) Relief
(a) Court-ordered eviction
(1) In general
Except by court order, a landlord (or another person with paramount title) may not—
(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—
(i) that are occupied or intended to be occupied primarily as a residence; and
This chapter may be cited as the “Servicemembers Civil Relief Act.”
(a) Prima facie evidence
In any proceeding under this chapter, a certificate signed by the Secretary concerned is prima facie evidence as to any of the following facts stated in the certificate:
(1) That a person named is, is not, has been, or has not been in military service.
(2) The time and the place the person entered military service.
(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.
(a) Liens
(1) Limitation on foreclosure or enforcement
A person holding a lien on the property or effects of a servicemember may not, during any period of military service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or effects without a court order granted before foreclosure or enforcement.
(2) Lien defined
(a) Outreach to members
The Secretary concerned shall provide to each member of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to members and their dependents under the Servicemembers Civil Relief Act.
(b) Time of provision
The information required to be provided under subsection (a) to a member shall be provided at the following times:
(a) In general
Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation; and
(2) recover all other appropriate relief, including monetary damages; and
(a) Protection upon breach of contract
(1) Protection after entering military service
After a servicemember enters military service, a contract by the servicemember for—
(A) the purchase of real or personal property (including a motor vehicle); or
(B) the lease or bailment of such property,
The purposes of this chapter are—
(1) to provide for, strengthen, and expedite the national defense through protection extended by this chapter to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and
An interlocutory order issued by a court under this chapter may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.
(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
Upon application to a court, a dependent of a servicemember is entitled to the protections of this subchapter if the dependent’s ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember’s military service.
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(a) Reserves ordered to report for military service
A member of a reserve component who is ordered to report for military service is entitled to the rights and protections of this subchapter and subchapters II and III during the period beginning on the date of the member’s receipt of the order and ending on the date on which the member reports for military service (or, if the order is revoked before the member so reports, or the date on which the order is revoked).
Nothing in section 4041 or 4042 of this title shall be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
[Added by Pub. L. No. 111-275, 124 Stat. 2877 (2010)]
The Credit Repair Organizations Act was passed by Congress as part of the Omnibus Consolidated Appropriations Act of 1996, Pub. L. No. 104-208, § 2451, 110 Stat. 3009 (1996).
The Act as codified at 15 U.S.C. § 1679 is set out below.
TITLE 15—COMMERCE AND TRADE
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CHAPTER 41—CONSUMER CREDIT PROTECTION
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SUBCHAPTER II-A—CREDIT REPAIR ORGANIZATIONS
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(r) Additional requirements for certain hospitals.
(1) In general. A hospital organization to which this subsection applies shall not be treated as described in subsection (c)(3) unless the organization—
(A) meets the community health needs assessment requirements described in paragraph (3),
Title 26—Internal Revenue Code
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Chapter 1—Normal Taxes and Surtaxes
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Part I—General Rule
§ 501 Exemption from tax on corporations, certain trusts, etc.
1. Relationship to § 1026.13. The § 1026.12(c) credit card “holder in due course” provision deals with the consumer’s right to assert against the card issuer a claim or defense concerning property or services purchased with a credit card, if the merchant has been unwilling to resolve the dispute. Even though certain merchandise disputes, such as non-delivery of goods, may also constitute “billing errors” under § 1026.13, that section operates independently of § 1026.12(c).
1. Situations excluded and included.94 The consumer may assert claims or defenses only when the goods or services are “purchased with the credit card.” This would include when the goods or services are purchased by a consumer using a hybrid prepaid-credit card to access a covered separate credit feature as defined in § 1026.61. This could include mail, the Internet or telephone orders, if the purchase is charged to the credit card account. But it would exclude:
1. Scope of prohibition. Although an amount in dispute may not be reported as delinquent until the matter is resolved:
i. That amount may be reported as disputed.
ii. Nothing in this provision prohibits the card issuer from undertaking its normal collection activities for the delinquent and undisputed portion of the account.
Paragraph 12(c)(3)(i)(A)
1. Merchant honoring card. The exceptions (stated in § 1026.12(c)(3)(ii)) to the amount and geographic limitations in § 1026.12(c)(3)(i)(B) do not apply if the merchant merely honors, or indicates through signs or advertising that it honors, a particular credit card.
1. Meaning of funds on deposit.96 For purposes of § 1026.12(d), funds of the cardholder held on deposit include funds in a consumer’s prepaid account as defined in § 1026.61. In addition, for purposes of § 1026.12(d), deposit account includes a prepaid account.
Paragraph 12(d)(1)