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Title II — Improvements to Servicemembers Civil Relief Act

S. 1579 · 113th Congress · Oct 28, 2013 · Lineage

II Improvements to Servicemembers Civil Relief Act

Sec. 201 Improved protection of members of uniformed services against default judgments

(a)
Modification of plaintiff affidavit filing requirement—
(1)
In general— Paragraph (1) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(b)) is amended—
(A)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting such clauses two ems to the right;
(B)
in the matter before clause (i), as redesignated by subparagraph (A), by striking “In any” and inserting the following:

“(A) In general—In any”

(C)
by adding at the end the following new subparagraph (B):

“(B) Due diligence—Before filing the affidavit, the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached copies of the records on which the plaintiff relied in drafting the affidavit.”

(2)
Applicability— Paragraph (1)(B) of such section, as added by paragraph (1), shall apply with respect to actions and proceedings filed on or after the date of the enactment of this Act.
(b)
Appointment of attorney To represent defendant in military service— Paragraph (2) of such section (50 U.S.C. App. 521(b)) is amended—
(1)
by striking “If in an action” and inserting the following:

“(A) In general—If in an action”

(2)
in subparagraph (A), as designated by paragraph (1), by striking “If an attorney” and inserting the following:

“(C) Limitations on appointed attorney—If an attorney”

(3)
by inserting after subparagraph (A), as designated by paragraph (1), the following new subparagraph:

“(B) Due diligence—If the court appoints an attorney to represent the defendant—

“(i) the attorney shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense and any other information reasonably available to the attorney; and

“(ii) the plaintiff shall submit to the attorney such information as the plaintiff may have concerning the whereabouts or identity of the defendant.”

(4)
by adding at the end the following new subparagraph:

“(D) Treatment of attorneys fees—The reasonable fees of an attorney appointed to represent a servicemember shall be treated as costs of court for court cost purposes, unless the creditor seeks relief from such charges from the court.”

Sec. 202 Modification of period in which a waiver of a right pursuant to a written agree­ment may be made under Ser­vice­mem­bers Civil Relief Act

Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended in the third sentence by striking “during or after the servicemember's period of military service” and inserting “after the occurrence of the event that gave rise to the rights or protections to be waived”.

Sec. 203 Clarification regarding application of enforcement authority of Attorney General and private right of action under Servicemembers Civil Relief Act

Sections 801 and 802 of the Servicemembers Civil Relief Act (50 U.S.C. App. 597 and 597a) shall apply as if such sections were included in the enactment of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and included in the restatement of such Act in Public Law 108–189.

Sec. 204 Expansion of protections relating to mortgages to include obligations on real or personal property for which a servicemember is personally liable as a guarantor or co-maker

Section 303(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 533) is amended, in the matter before paragraph (1), by inserting “or an obligation on real or personal property for which a servicemember is personally liable as a guarantor or co-maker” after “by a servicemember”.