[§657D-14]  Restrictions.  (a)  In any
action or proceeding commenced in any court, if an insurance policy was
assigned prior to the person's period of military service to secure the payment
of any obligation of that person, no assignee of the policy (except the insurer
in connection with a policy loan), during the period of military service of the
insured or within sixty days thereafter, except upon the consent in writing of
the insured made during the period or when the premiums thereon are due and unpaid
or upon the death of the insured, shall exercise any right or option by virtue
of the assignment unless upon leave of court granted upon an application made
by the assignee.  The court may refuse to grant leave unless the court finds
that the ability of the obligor to comply with the terms of the obligation is
not materially affected by reason of the obligor's military service.  For the
purpose of this subsection, premiums which are guaranteed under part IV shall
not be deemed to be due and unpaid.



(b)  No person shall exercise any right to
foreclose or enforce any lien for storage of household goods, furniture, or
personal effects of a person in military service during the person's period of
military service and for sixty days thereafter except upon an order previously
granted by a court upon application and a return made and approved by the
court.  The court, after a hearing on an application by the person in military
service or some person on behalf of the person in military service, unless in
the opinion of the court the ability of the defendant to pay the storage
charges due is not materially affected by reason of the person's military
service, may find against a person in military service.



(c)  Before or during the period of that
service, or within sixty days thereafter, the court, on its own motion or on
application to it by such person or a person on such person's behalf, unless in
the opinion of the court the ability of the defendant to comply with the
judgment or order entered or sought is not materially affected by reason of the
defendant's service shall:



(1)  Stay the execution of any judgment or order
entered against this person, as provided in this chapter; or



(2)  Vacate or stay any attachment or garnishment of
property, money, or debts in the hands of another, whether before or after
judgment as provided in this chapter. [L 1994, c 257, pt of §2]



 



Revision Note



 



  Subsection (a) designation added pursuant to §23G-15(1).