August 23, 2022
By Site Producer Attorney & Retired Law Professor
When a lawsuit is filed and the Court determines that the Defendant is on active military duty, the Court is unable to enter a judgment until the Court appoints an attorney to represent the service member’s interests. ‘If an attorney designated… to represent a service member cannot identify the service member, actions by the attorney in the matter shall not relinquish any defense of the service member or otherwise bind the service member,’ according to the law. In other words, lenders beware: if your borrower is on current military duty, your best choice is to wait until his or her service is completed before launching a lawsuit.
As a result, the law extends — and expands — the safeguards that Congress first guaranteed to World War II servicemen and women. Our service men should be able to focus on their military missions without having to worry about their debts.
About the Author: Site Producer
Diane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.
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