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Benefit and you may Security Zero. 2 – Defenses against standard judgments. fifty You.S.C. § 3931

Answer: Only for the period of time between when he entered military service and when he consolidated his private student loans. Look for 50 U.S.C. § 3937(a)(1).

In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: 1) that the defendant is in military service; 2) that the defendant is not in military service; or 3) that the creditor is unable to determine whether or not the defendant is in military service after making a good faith effort to determine the defendant’s military service status. Id. at § 3931(b)(1). This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings. [Note: Foreclosures typically proceed in one of two ways, either judicially (through a court process), or non-judicially (without a court’s involvement). The way in which the SCRA treats the two types of foreclosure proceedings is very different, select 50 U.S.C. §§ 3931, 32 & 53, and states typically specify which way foreclosures may proceed within their borders.]

Servicemember Doe’s established education loan began during a period of army service

To confirm your armed forces provider status, you can search the newest Agencies out of Defense’s Security Manpower Investigation Cardio (“DMDC”) databases. (más…)