Delaware Servicemember Civil Relief, Including Guard State Duty

The federal Servicemembers Civil Relief Act protects members on federal active duty. It does not reach a Guard member called up by the Governor on state orders. Title 6, chapter 25D closes that gap in Delaware. Who is covered. Section 2502D defines "servicemember" as a Delaware resident or anyone stationed in Delaware who is a member of the Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard, the NOAA or Public Health Service commissioned corps, or the Delaware National Guard. "Military service" includes federal active duty and, for a Delaware Guard member, being "called out to serve in a state duty status pursuant to § 171 of Title 20, for a period of more than 30 consecutive days". A spouse is included where the obligation is joint. What it provides. Protection against default judgments, including in child custody cases: before judgment against a defendant who has not appeared, the plaintiff must file an affidavit on military status, and a court may not enter judgment against a service member without appointing a lawyer, and must stay proceedings for at least 90 days where a defense may exist. Stays of proceedings when the member has notice. Relief from contract fines and penalties. Stays of execution, attachment and garnishment. Tolling of statutes of limitation. A 6 percent cap on interest on debts incurred before service, for the period of service and a year after for mortgages, with the excess forgiven rather than deferred, on written notice with the orders within 180 days after release. And anticipatory relief before a default happens. Leases. Title 25, section 5314, subsection (b), paragraph (5) lets a tenant who enters active military service after signing a lease end it on 30 days' written notice running from the first of the next month. The federal Act gives stronger lease rights to members already serving who receive permanent change of station or deployment orders.