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Stay or Vacation of Execution of Judgements, Attachments and Garnishments     (Page 172)

In addition to the courtís ability to regulate default judgments and stay proceedings, the court may on its own motion and must upon application: (1) stay the execution of any judgment or order entered against a servicemember; and (2) vacate or stay any attachment or garnishment of the servicememberís property or assets, whether before or after judgment if it finds that the servicememberís ability to comply with the judgment or garnishment is materially affected by military service. 50 U.S.C. app. ß 524. The stay of execution may be ordered for any part of the servicememberís military service plus 90 days after discharge from the service. The court may also order the servicemember to make installment payments during any stay ordered.

 

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