29A.102 - INSTALLMENT CONTRACTS.
29A.102 INSTALLMENT CONTRACTS.
1. The creditor of a service member who, prior to entry into
military service, has entered into an installment contract for the
purchase or lease of real or personal property, including a motor
vehicle, shall not terminate the contract or repossess the property
for nonpayment or for any breach occurring during military service
without an order from a court of competent jurisdiction.
2. The court, upon application to it under this section, shall,
unless the court finds on the record that the ability of the service
member to comply with the terms of the contract is not materially
affected by reason of military service, do one or more of the
following:
a. Order repayment of any prior installments or deposits as a
condition of terminating the contract and resuming possession of the
property.
b. Order a stay of the proceedings on its own motion, or on
motion by the service member or another person on behalf of the
service member.
c. Make any other disposition of the case it considers to be
equitable to conserve the interests of all parties.
3. A person who knowingly repossesses property which is the
subject of this section, other than as provided in subsection 1,
commits a serious misdemeanor. Section History: Recent Form
2002 Acts, ch 1117, §36, 40; 2006 Acts, ch 1143, §4; 2009 Acts, ch
166, §1
Referred to in § 29A.100, 29A.101, 29A.105, 654.17C