Michigan Judges Guide to the Servicemembers Civil Relief Act

period of time allotted for back payment cannot be longer than the
servicemember’s total time of active military service. 178
7.4. Limitation on Storage Lien Enforcement
7.4.1. General Protection
Under the Act, foreclosure of liens 179 for storage of a servicemember’s
household goods or other personal property is prohibited during the period
of military service, and for 90 days after military service, without a court
order. 180
7.4.2. Stay of Proceedings
The court must stay lien foreclosure or enforcement proceedings or adjust
the lien obligation in the interest of all parties, if a servicemember applies
for such relief and shows that his/her ability to comply with the lien
obligation is “materially affected” by military service. 181 The court may
also do so on its own motion. 182
7.4.3. Penalties
8. CONCLUSION
A person who knowingly forecloses or enforces any lien on the property
or effects of a servicemember, or attempts to do so, in violation of the Act
shall be fined under 18 USC § 3571, imprisoned for not more than one
year, or both. 183 Servicemembers also may pursue other remedies
available under law, including punitive and consequential damages. 184
This Guide provides a brief overview of the most significant aspects of the SCRA that
typically will arise in a Michigan courtroom. It is a summary only, however, and was not
drafted as an attempt to discuss all components of the Act or every nuance of case law.
For additional information on SCRA protections and related issues, please refer to
Appendix A of this Guide.
178 Id. at § 591(b)(2)(B). See also, Koenig, 2006 WL 2334841 at *1.
179 The Act’s definition of a “lien” includes liens for storage, repair, or cleaning of the property or effects
of a servicemember or a lien on such property or effects for any reason. See, 50 USC App § 537(a)(2).
180 50 USC App § 537(a)(1).
181 Id. at § 537(b).
182 Id.
183 50 USC App § 537(c)(1).
184 Id. at § 537(c)(2).