Detroit evening times. (Detroit, Mich) 1921-1958, 1942-07-12
ALdW That's
APuzz|eT 00ur
Fighting Men

queried at random in USO headquarters
at Philadelphia recently and asked: Can you be
sued while you in the armed service of the United
States?" Fourteen answered NO" and six answered
Yes" The correct answer is yes"
These were also asked do you have to pay
debts incurred before your entrance into the servce?
Twelve said NO. and eight Yes" The correct answer
is yes"
many civilians, too answered after the
Of the uniformed Both enlisted and civilians
said they had hazy recollection that Congress had passed
sort of legislation to help service men untange their
legal problems
But only eight of the 20 service men questioned
heard of the Soldiers and Sailors Civil Relief Act
and Of these eight only three knew its purpose That act
the greatest whatever relief from the press
Of debts service has and clear statement should
clear up some popular misconceptions about it.
Under the act a soldier still be sued and he still
has to pay his debts But the act does give protec
to the service Of suits judgments. rents
and evctons instament contracts mortgages insurance
taxes, and in several other particulars
1t permits service man to be sued but makes it diff
cult for the plaintiff to prosecute This is the way 1t
works: begins suit against B. soldier who doesn't
appear Were it for the act would get
Judgment by default. before a judgment, the
requires that must make affidavit that is not
in military service Since is soldier there will be
judgment by default. The fact that b is a soldier
doesn't the suit automatically stops But the judge
have the power stay the suit for the period of
military service plus three months if the ability of the
soldier TO prosecute action materially
affected by Of his military service Suits already
decided under the act show that many courts slow
TO find soldiers ability materially affected"
If Judgment is rendered against soldier during
the period of his military service he make application
of his service and II he can show he was preudced by
reason of his army service in making his defense
The act also takes of situation like this: A sues
the soldier and gets judgment satisfied by levy the
soldiers goods The soldier comes home from the
decides open the judgment and does But the
he sues broke and although the service wins
gets nothing. To protect the soldier just
situation the act permits the judge in the original
TO require the plaintiff TO file bond to protect the de-
PENDANT should the judgment thereafter be set aside in
whole part.
Clauses leases permitting landlord without
resort TO action longer of any effect But
that applies only TO dwellings where the rent is not
$50 The landlord can, however still go
When this is done the judge is allowed TO grant stay
Of than three months but only if the ability of
the tenant pay the agreed rent is materially affected
Induction into military service does not automatically
Many nstalment contracts permit the seller to repos
article If the buyer falls behind his payments
and without court action the act provides that
a seller this if the soldier his purchase
before October Il. 1910 The seller still go
to either for the balance of the debt reclaim the
article sold The judge order the soldier to give up
the article purchased but order the seller TO give
TO the soldier part all the payments made-or grant
stay
The purchases of motor vehicles tractors or accessories
treated separately the not get relief
unless he has paid 80 per cent Of the purchase price
Mortgage proceedings may be stayed too, the judge
make such other disposition Of the 70 best
the interests Of all parties Many
already decided under the that the judges
tried 20 protect the mortgage a much possible
If indicted has been paying premiums on a
life insurance policy he can apply on forms srnliod bv
Administrator Of Veterans Affairs for help. The
Government effect VIII guarantee payment of the
premiums the insurance company during the mans
service period keep the policy lapsing but only
the amount Of $1,000. and not where there a
than 30 per cent OF the pocys surrender
value, where. premiums haven't been paid for year
soldiers property may not be sold taxes except
by permission of which may stay such proceed
irgs or any period not exceeding six months
after termination of military service
The collection Of income taxes fuom any person in
army service also deferred like period but not
# such a person Is able 20 pay.