Legislation
SECTION 306
Actions against persons in service
Military (MIL) CHAPTER 36, ARTICLE 13
§ 306. Actions against persons in service. In any action or
proceeding commenced in any court or in any adjudicatory or licensing
proceeding before any state agency, including any public benefit
corporation or public authority, or any political subdivision of the
state, against a person in military service: before or during the period
of such service, or within sixty days thereafter, the court or
adjudicatory or licensing agency may, in its discretion, on its own
motion, or on application to it by such person or some person on his
behalf shall, unless in the opinion of the court or adjudicatory or
licensing agency the ability of the party to comply with the judgment or
order entered or sought is not materially affected by reason of his
military service:
1. Stay the execution of any judgment or order entered against such
person, as provided in this act; and
2. Vacate or stay any attachment or garnishment of property, money, or
debts in the hands of another, whether before or after judgment as
provided in this act.
proceeding commenced in any court or in any adjudicatory or licensing
proceeding before any state agency, including any public benefit
corporation or public authority, or any political subdivision of the
state, against a person in military service: before or during the period
of such service, or within sixty days thereafter, the court or
adjudicatory or licensing agency may, in its discretion, on its own
motion, or on application to it by such person or some person on his
behalf shall, unless in the opinion of the court or adjudicatory or
licensing agency the ability of the party to comply with the judgment or
order entered or sought is not materially affected by reason of his
military service:
1. Stay the execution of any judgment or order entered against such
person, as provided in this act; and
2. Vacate or stay any attachment or garnishment of property, money, or
debts in the hands of another, whether before or after judgment as
provided in this act.