Legislation
SECTION 323
Further relief
Military (MIL) CHAPTER 36, ARTICLE 13
§ 323. Further relief. 1. A person may, at any time during his period
of military service or within six months thereafter, apply to a court
for relief in respect of any obligation or liability incurred by such
person prior to his period of military service or in respect of any tax
or assessment whether falling due prior to or during his period of
military service. The court, after appropriate notice and hearing,
unless in its opinion the ability of the applicant to comply with the
terms of such obligation or liability or to pay such tax or assessment
has not been materially affected by reason of his military service, may
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 such obligation during
the applicant's period of military service and, from the date of
termination of such period of military service or from the date of
application if made after such 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 such 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, as the case may be, in equal installments during such
combined period at such rate of interest on the unpaid balance as is
prescribed in such contract, or other instrument evidencing the
obligation, for installments paid when due, and subject to such other
terms as may be just.
(b) In the case of any other obligation, liability, tax, or
assessment, a stay of the enforcement thereof during the applicant's
period of military service and, from the date of termination of such
period of military service or from the date of application if made after
such service, for a period of time equal to the period of military
service of the applicant or any part of such period, subject to payment
of the balance of principal and accumulated interest due and unpaid at
the date of the termination of such period of military service or the
date of application, as the case may be, in equal periodic installments
during such extended period at such rate of interest as may be
prescribed for such obligation, liability, tax, or assessment, if paid
when due, and subject to such other terms as may be just.
2. When any court has granted a stay as provided in this section no
fine or penalty shall accrue during the period the terms and conditions
of such stay are complied with by reason of failure to comply with the
terms or conditions of the obligation, liability, tax, or assessment in
respect of which such stay was granted.
of military service or within six months thereafter, apply to a court
for relief in respect of any obligation or liability incurred by such
person prior to his period of military service or in respect of any tax
or assessment whether falling due prior to or during his period of
military service. The court, after appropriate notice and hearing,
unless in its opinion the ability of the applicant to comply with the
terms of such obligation or liability or to pay such tax or assessment
has not been materially affected by reason of his military service, may
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 such obligation during
the applicant's period of military service and, from the date of
termination of such period of military service or from the date of
application if made after such 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 such 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, as the case may be, in equal installments during such
combined period at such rate of interest on the unpaid balance as is
prescribed in such contract, or other instrument evidencing the
obligation, for installments paid when due, and subject to such other
terms as may be just.
(b) In the case of any other obligation, liability, tax, or
assessment, a stay of the enforcement thereof during the applicant's
period of military service and, from the date of termination of such
period of military service or from the date of application if made after
such service, for a period of time equal to the period of military
service of the applicant or any part of such period, subject to payment
of the balance of principal and accumulated interest due and unpaid at
the date of the termination of such period of military service or the
date of application, as the case may be, in equal periodic installments
during such extended period at such rate of interest as may be
prescribed for such obligation, liability, tax, or assessment, if paid
when due, and subject to such other terms as may be just.
2. When any court has granted a stay as provided in this section no
fine or penalty shall accrue during the period the terms and conditions
of such stay are complied with by reason of failure to comply with the
terms or conditions of the obligation, liability, tax, or assessment in
respect of which such stay was granted.