Page:United States Statutes at Large Volume 117.djvu/2859

 117 STAT. 2840

PUBLIC LAW 108–189—DEC. 19, 2003 ‘‘(1) a person to whom section 106 applies shall be considered to be a servicemember; and ‘‘(2) the period with respect to such a person specified in subsection (a) or (b), as the case may be, of section 106 shall be considered to be a period of military service.

50 USC app. 518.

‘‘SEC. 108. EXERCISE OF RIGHTS UNDER ACT NOT TO AFFECT CERTAIN FUTURE FINANCIAL TRANSACTIONS.

‘‘Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this Act in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following: ‘‘(1) A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms. ‘‘(2) With respect to a credit transaction between a creditor and the servicemember— ‘‘(A) a denial or revocation of credit by the creditor; ‘‘(B) a change by the creditor in the terms of an existing credit arrangement; or ‘‘(C) a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms requested. ‘‘(3) An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information. ‘‘(4) A refusal by an insurer to insure the servicemember. ‘‘(5) An annotation in a servicemember’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component. ‘‘(6) A change in the terms offered or conditions required for the issuance of insurance. 50 USC app. 519.

‘‘SEC. 109. LEGAL REPRESENTATIVES.

‘‘(a) REPRESENTATIVE.—A legal representative of a servicemember for purposes of this Act is either of the following: ‘‘(1) An attorney acting on the behalf of a servicemember. ‘‘(2) An individual possessing a power of attorney. ‘‘(b) APPLICATION.—Whenever the term ‘servicemember’ is used in this Act, such term shall be treated as including a reference to a legal representative of the servicemember.

‘‘TITLE II—GENERAL RELIEF 50 USC app. 521.

‘‘SEC. 201. PROTECTION OF SERVICEMEMBERS AGAINST DEFAULT JUDGMENTS.

‘‘(a) APPLICABILITY OF SECTION.—This section applies to any civil action or 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, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—

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