Silent Partner
Introduction: SILENT PARTNER is a lawyer-to-lawyer resource for military legal assistance attorneys and civilian lawyers, published by the Military Committee of the American Bar Association’s Family Law Section. Please send any comments, corrections and suggestions to the address at the end of this Silent Partner. There are many SILENT PARTNER infoletters on military pension division, and other aspects of military divorce. Just go to www.abanet.org/family/military (the website of the above committee) or www.nclamp.gov (the website of the military committee, N.C. State Bar).
This SILENT PARTNER was necessitated by the December 1, 2015 recodification of the Servicemembers Civil Relief Act. Ever since 1940, when it was called the Soldiers’ and Sailors’ Civil Relief Act, this statute was located at the Appendix to Title 50, U.S. Code, and references to it would read “50 U.S.C. App. ___.” Due to the decision of the Law Revision Counsel, U.S. House of Representatives, all the numbers were changed to reflect recodification into Chapter 50 of Title 50, U.S. Code, beginning with Section 3901. The concordance below reflects the old numbers and their new counterparts.
SCRA Concordance
Old Number |
New Number |
Subject |
(50 U.S.C. App.) |
(50 U.S.C.) |
|
Sec. 501 |
3901 |
Short title; table of contents. |
Sec. 502 |
3902 |
Purpose. |
TITLE I - GENERAL PROVISIONS |
||
Sec. 511 |
3911 |
Definitions. |
Sec. 512 |
3912 |
Jurisdiction and applicability of Act. |
Sec. 513 |
3913 |
Protection of persons secondarily liable. |
Sec. 514 |
3914 |
Extension of protections to citizens serving with allied forces. |
Sec. 515 |
3915 |
Notification of benefits. |
Sec. 515a |
3916 |
Information for members… |
Sec. 516 |
3917 |
Extension of rights and protections to Reserves ordered to report for military service and to persons ordered to report for induction |
Sec. 517 |
3918 |
Waiver of rights pursuant to written agreement. |
Sec. 518 |
3919 |
Exercise of rights under Act not to affect certain future financial transactions |
Sec. 519 |
3920 |
Legal representatives. |
TITLE II - GENERAL RELIEF |
||
Sec. 521 |
3931 |
Protection of servicemembers against default judgments. |
Sec. 522 |
3932 |
Stay of proceedings when servicemember has notice. |
Sec. 523 |
3933 |
Fines and penalties under contracts |
Sec. 524 |
3934 |
Stay or vacation of execution of judgments, attachments, and garnishments |
Sec. 525 |
3935 |
Duration and term of stays; codefendants not in service. |
Sec. 526 |
3936 |
Statute of limitations. |
Sec. 527 |
3937 |
Maximum rate of interest on debts incurred before military service |
Sec. 528 |
3938 |
Child custody… |
TITLE III - RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES |
||
Sec. 531 |
3951 |
Evictions and distress. |
Sec. 532 |
3952 |
Protection under installment contracts for purchase or lease. |
Sec. 533 |
3953 |
Mortgages and trust deeds. |
Sec. 534 |
3954 |
Settlement of stayed cases relating to personal property. |
Sec. 535 |
3955 |
Termination of residential or motor vehicle leases. |
Sec. 535a |
3956 |
Telephone service contracts |
Sec. 536 |
3957 |
Protection of life insurance policy. |
Sec. 537 |
3958 |
Enforcement of storage liens. |
Sec. 538 |
3959 |
Extension of protections to dependents. |
TITLE IV - LIFE INSURANCE |
||
Sec. 541 |
3971 |
Definitions. |
Sec. 542 |
3972 |
Insurance rights and protections. |
Sec. 543 |
3973 |
Application for insurance protection. |
Sec. 544 |
3974 |
Policies entitled to protection and lapse of policies. |
Sec. 545 |
3975 |
Policy restrictions. |
Sec. 546 |
3976 |
Deduction of unpaid premiums. |
Sec. 547 |
3977 |
Premiums and interest guaranteed by United States. |
Sec. 548 |
3978 |
Regulations. |
Sec. 549 |
3979 |
Review of findings of fact and conclusions of law. |
TITLE V - TAXES AND PUBLIC LANDS |
||
Sec. 561 |
3991 |
Taxes respecting personal property, money, credits, and real property. |
Sec. 562 |
3992 |
Rights in public lands. |
Sec. 563 |
3993 |
Desert-land entries. |
Sec. 564 |
3994 |
Mining claims. |
Sec. 565 |
3995 |
Mineral permits and leases. |
Sec. 566 |
3996 |
Perfection or defense of rights. |
Sec. 567 |
3997 |
Distribution of information concerning benefits of title. |
Sec. 568 |
3998 |
Land rights of servicemembers. |
Sec. 569 |
3999 |
Regulations. |
Sec. 570 |
4000 |
Income taxes. |
Sec. 571 |
4001 |
Residence for tax purposes. |
TITLE VI - ADMINISTRATIVE REMEDIES |
||
Sec. 581 |
4011 |
Inappropriate use of Act. |
Sec. 582 |
4012 |
Certificates of service; persons reported missing. |
Sec. 583 |
4013 |
Interlocutory orders. |
TITLE VII - FURTHER RELIEF |
||
Sec. 591 |
4021 |
Anticipatory relief. |
Sec. 592 |
4022 |
Power of attorney. |
Sec. 593 |
4023 |
Professional liability protection. |
Sec. 594 |
4024 |
Health insurance reinstatement. |
Sec. 595 |
4025 |
Guarantee of residency for military personnel. |
Sec. 596 |
4026 |
Business or trade obligations. |
TITLE VIII – CIVIL LIABILITY |
||
Sec. 597 |
4041 |
Enforcement by the Attorney General |
Sec. 597a |
4042 |
Private right of action |
Sec. 597b |
4043 |
Preservation of remedies |
(Rev. 8/6/2021)
This SILENT PARTNER was prepared by COL Mark E. Sullivan (USA-Ret.). For revisions, comments or corrections, contact him at Law Offices of Mark E. Sullivan, P.A. in Raleigh, N.C. - 919-832-8507, or at mark.sullivan@ncfamilylaw.com.