Page:United States Statutes at Large Volume 117.djvu/2862

 PUBLIC LAW 108–189—DEC. 19, 2003

117 STAT. 2843

for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction). ‘‘(d) ADDITIONAL STAY.— ‘‘(1) APPLICATION.—A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional stay based on continuing material affect of military duty on the servicemember’s ability to appear. Such an application may be made by the servicemember at the time of the initial application under subsection (b) or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under subsection (b)(2) shall be included in an application under this subsection. ‘‘(2) APPOINTMENT OF COUNSEL WHEN ADDITIONAL STAY REFUSED.—If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding. ‘‘(e) COORDINATION WITH SECTION 201.—A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 201. ‘‘(f) INAPPLICABILITY TO SECTION 301.—The protections of this section do not apply to section 301. ‘‘SEC. 203. FINES AND PENALTIES UNDER CONTRACTS.

50 USC app. 523.

‘‘(a) PROHIBITION OF PENALTIES.—When an action for compliance with the terms of a contract is stayed pursuant to this Act, 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.—If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if— ‘‘(1) the servicemember was in military service at the time the fine or penalty was incurred; and ‘‘(2) the ability of the servicemember to perform the obligation was materially affected by such military service. ‘‘SEC. 204. STAY OR VACATION OF EXECUTION OF JUDGMENTS, ATTACHMENTS, AND GARNISHMENTS.

50 USC app. 524.

‘‘(a) COURT ACTION UPON MATERIAL AFFECT DETERMINATION.— If a servicemember, in the opinion of the court, is materially affected by reason of military service in complying with a court judgment or order, the court may on its own motion and shall on application by the servicemember— ‘‘(1) stay the execution of any judgment or order entered against the servicemember; and ‘‘(2) vacate or stay an attachment or garnishment of property, money, or debts in the possession of the servicemember or a third party, whether before or after judgment. ‘‘(b) APPLICABILITY.—This section applies to an action or proceeding commenced in a court against a servicemember before or during the period of the servicemember’s military service or within 90 days after such service terminates.

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