---
kind: "section"
citation: "50 U.S.C. § 3931"
title: "50"
title_heading: "War and National Defense"
number: "3931"
heading: "Protection of servicemembers against default judgments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/3931"
units:
  - "Chapter 50 — Servicemembers Civil Relief"
  - "Subchapter II — General Relief"
---

# §3931. Protection of servicemembers against default judgments

- (a) **Applicability of section—** This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.
- (b) **Affidavit requirement—**
  - (1) **Plaintiff to file affidavit—** In any action or proceeding covered by this section, the [court](/usc/50/3911.md?p=5), before entering [judgment](/usc/50/3911.md?p=9) for the plaintiff, shall require the plaintiff to file with the [court](/usc/50/3911.md?p=5) an affidavit—
    - (A) stating whether or not the defendant is in [military service](/usc/50/3911.md?p=2) and showing necessary facts to support the affidavit; or
    - (B) if the plaintiff is unable to determine whether or not the defendant is in [military service](/usc/50/3911.md?p=2), stating that the plaintiff is unable to determine whether or not the defendant is in [military service](/usc/50/3911.md?p=2).
  - (2) **Appointment of attorney to represent defendant in military service—** If in an action covered by this section it appears that the defendant is in [military service](/usc/50/3911.md?p=2), the [court](/usc/50/3911.md?p=5) may not enter a [judgment](/usc/50/3911.md?p=9) until after the [court](/usc/50/3911.md?p=5) appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a [servicemember](/usc/50/3911.md?p=1) cannot locate the [servicemember](/usc/50/3911.md?p=1), actions by the attorney in the case shall not waive any defense of the [servicemember](/usc/50/3911.md?p=1) or otherwise bind the [servicemember](/usc/50/3911.md?p=1).
  - (3) **Defendant’s military status not ascertained by affidavit—** If based upon the affidavits filed in such an action, the [court](/usc/50/3911.md?p=5) is unable to determine whether the defendant is in [military service](/usc/50/3911.md?p=2), the [court](/usc/50/3911.md?p=5), before entering [judgment](/usc/50/3911.md?p=9), may require the plaintiff to file a bond in an amount approved by the [court](/usc/50/3911.md?p=5). If the defendant is later found to be in [military service](/usc/50/3911.md?p=2), the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any [judgment](/usc/50/3911.md?p=9) for the plaintiff against the defendant, should the [judgment](/usc/50/3911.md?p=9) be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a [judgment](/usc/50/3911.md?p=9) under applicable Federal or [State](/usc/50/3911.md?p=6) law or regulation or under any applicable ordinance of a political subdivision of a [State](/usc/50/3911.md?p=6). The [court](/usc/50/3911.md?p=5) may issue such orders or enter such [judgments](/usc/50/3911.md?p=9) as the [court](/usc/50/3911.md?p=5) determines necessary to protect the rights of the defendant under this chapter.
  - (4) **Satisfaction of requirement for affidavit—** The requirement for an affidavit under [paragraph (1)](#b-1) may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
- (c) **Penalty for making or using false affidavit—** A person who makes or uses an affidavit permitted under [subsection (b)](#b) (or a statement, declaration, verification, or certificate as authorized under [subsection (b)(4)](#b-4)) knowing it to be false, shall be fined as provided in [title 18](/usc/18.md), or imprisoned for not more than one year, or both.
- (d) **Stay of proceedings—** In an action covered by this section in which the defendant is in [military service](/usc/50/3911.md?p=2), the [court](/usc/50/3911.md?p=5) shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the [court](/usc/50/3911.md?p=5)’s own motion, if the [court](/usc/50/3911.md?p=5) determines that—
  - (1) there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or
  - (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.
- (e) **Inapplicability of section 3932 procedures—** A stay of proceedings under [subsection (d)](#d) shall not be controlled by procedures or requirements under [section 3932 of this title](/usc/50/3932.md).
- (f) **Section 3932 protection—** If a [servicemember](/usc/50/3911.md?p=1) who is a defendant in an action covered by this section receives actual notice of the action, the [servicemember](/usc/50/3911.md?p=1) may request a stay of proceeding under [section 3932 of this title](/usc/50/3932.md).
- (g) **Vacation or setting aside of default judgments—**
  - (1) **Authority for court to vacate or set aside judgment—** If a default [judgment](/usc/50/3911.md?p=9) is entered in an action covered by this section against a [servicemember](/usc/50/3911.md?p=1) during the [servicemember](/usc/50/3911.md?p=1)’s [period of military service](/usc/50/3911.md?p=3) (or within 60 days after termination of or release from such [military service](/usc/50/3911.md?p=2)), the [court](/usc/50/3911.md?p=5) entering the [judgment](/usc/50/3911.md?p=9) shall, upon application by or on behalf of the [servicemember](/usc/50/3911.md?p=1), reopen the [judgment](/usc/50/3911.md?p=9) for the purpose of allowing the [servicemember](/usc/50/3911.md?p=1) to defend the action if it appears that—
    - (A) the [servicemember](/usc/50/3911.md?p=1) was materially affected by reason of that [military service](/usc/50/3911.md?p=2) in making a defense to the action; and
    - (B) the [servicemember](/usc/50/3911.md?p=1) has a meritorious or legal defense to the action or some part of it.
  - (2) **Time for filing application—** An application under this subsection must be filed not later than 90 days after the date of the termination of or release from [military service](/usc/50/3911.md?p=2).
- (h) **Protection of bona fide purchaser—** If a [court](/usc/50/3911.md?p=5) vacates, sets aside, or reverses a default [judgment](/usc/50/3911.md?p=9) against a [servicemember](/usc/50/3911.md?p=1) and the vacating, setting aside, or reversing is because of a provision of this chapter, that action shall not impair a right or title acquired by a bona fide purchaser for value under the default [judgment](/usc/50/3911.md?p=9).

## Source credit

(Oct. 17, 1940, ch. 888, title II, § 201, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2840; amended Pub. L. 110–181, div. A, title V, § 584(a), Jan. 28, 2008, 122 Stat. 128.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 521 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

### Prior Provisions

A prior section 201 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to stay of proceedings where military service affects conduct thereof, prior to the general amendment of this Act by Pub. L. 108–189. See section 3932 of this title.

Provisions similar to this section were contained in section 200 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1180; Pub. L. 86–721, §§ 1, 2, Sept. 8, 1960, 74 Stat. 820, prior to the general amendment of this Act by Pub. L. 108–189.

### Amendments

2008—Subsec. (a). Pub. L. 110–181 inserted “, including any child custody proceeding,” after “proceeding”.

### Statutory Notes and Related Subsidiaries

### 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.