29A.104 - APPLICATION FOR RELIEF.
29A.104 APPLICATION FOR RELIEF.
1. A service member may, at any time during military service or
within thirty days after discharge or termination of military
service, apply to a court for relief in respect of any obligation or
liability incurred by the service member prior to military service.
2. The court, after appropriate notice and hearing, unless in its
opinion the ability of the service member to comply with the terms of
the obligation or liability has not been materially affected by
reason of military service, shall grant the following relief:
a. In the case of an obligation payable under its terms in
installments under a contract for the purchase of real estate, or
secured by a mortgage or other instrument in the nature of a mortgage
upon real estate, a stay of the enforcement of the obligation during
the applicant's period of military service and, from the date of
termination of the period of military service or from the date of
application if made after termination of military service, for a
period equal to the period of the remaining life of the installment
contract or other instrument plus a period of time equal to the
period of military service of the applicant, or any part of the
combined period, subject to payment of the balance of principal and
accumulated interest due and unpaid at the date of termination of the
period of military service or from the date of application, in equal
installments during the combined period at the rate of interest on
the unpaid balance as is prescribed in the contract, or other
instrument evidencing the obligation, for installments paid when due,
and subject to any other terms as the court may consider just.
b. In the case of any other obligation or liability, a stay
of the enforcement during the applicant's period of military service
and, from the date of termination of the period of military service
or from the date of application if made after termination of the
period of military service, for a period of time equal to the period
of military service of the applicant or any part of that period,
subject to payment of the balance of principal and accumulated
interest due and unpaid at the date of termination of the period of
military service or from the date of application, in equal periodic
installments during the extended period at the rate of interest
prescribed for the obligation or liability, if paid when due, and
subject to other terms the court considers to be reasonable and just.
3. When any court has granted a stay as provided in this section,
a fine or penalty shall not accrue for failure to comply with the
terms or conditions of the obligation or liability for which the stay
was granted during the period the terms and conditions of the stay
are complied with. Section History: Recent Form
2002 Acts, ch 1117, §38, 40
Referred to in § 29A.100, 29A.101, 29A.105