Posted by consigliere on February 04, 2002 at 22:02:41:
In Reply to: Military and eviction posted by Shelley on February 04, 2002 at 16:19:47:
The Federal Soldiers' and Sailor's Civil Relief Act of 1940 prohibits the entry of a default judgment without court order where an affidavit of nonmilitary service has not been filed. In pertinent part, 50 USCA § 520(1) provides:
"In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before entering judgment shall file in the court an affidavit setting forth facts showing that the defendant is not in the military service...."
This act is applicable to the Federal courts and New York State courts alike. (77 N.Y. Jur 2d, Military, and Civil Defense § 96).
The New York State Military Law § 309(1), as amended, and in pertinent part, reads as follows:
"No eviction or distress shall be made during the period of military service in respect of any premises occupied chiefly for dwelling purposes by the spouse, children, or other dependents of a person in military service, except upon leave of court granted upon application therefor or granted in any action or proceeding affecting the right of possession."
: If my landlord is trying to evict me, what happens if I have a roomate who is in the military. The landlord called to ask if anyone living with me is in the military.
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