State Codes and Statutes

Statutes > New-jersey > Title-38 > Section-38-23c > 38-23c-23

38:23C-23.  Application for relief on obligation or liability;  hearing; form of relief
    a.  A person may, at any time during his period of military service or within 6 months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person prior to his period of military  service or in respect of any tax or assessment whether falling due prior to or  during his period of military service.  The court, after appropriate notice and  hearing, unless in its opinion the ability of the applicant to comply with the  terms of such obligation or liability or to pay such tax or assessment has not  been materially affected by reason of his military service, may grant the  following relief:

    In the case of an obligation payable under its terms in installments under a  contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of such obligation during the applicant's period of military service and, from the date of termination of such period of military service or  from the date of application if made after such service, for a period equal to  the period of the remaining life of the installment contract or other  instrument plus a period of time equal to the period of military service of the  applicant, or any part of such combined period, subject to payment of the  balance of principal and accumulated interest due and unpaid at the date of  termination of the period of military service or from the date of application,  as the case may be, in equal installments during such combined period at such  rate of interest on the unpaid balance as is prescribed in such contract, or  other instrument evidencing the obligation, for installments paid when due, and  subject to such other terms as may be just.

    In the case of any other obligation, liability, tax, or assessment, a stay of the enforcement thereof during the applicant's period of military service and, from the date of termination of such period of military service or from the date of application if made after such service, for a period of time equal to the period of military service of the applicant or any part of such period, subject to payment of the balance of principal and accumulated interest due and  unpaid at the date of the termination of such period of military service or the  date of application as the case may be, in equal periodic installments during  such extended period at such rate of interest as may be prescribed for such  obligation, liability, tax, or assessment, if paid when due, and subject to  such other terms as may be just.

    b.  When any court has granted a stay as provided in this section, no fine or penalty shall accrue during the period the terms and conditions of such stay  are complied with by reason of failure to comply with the terms or conditions  of the obligation, liability, tax, or assessment in respect of which such stay  was granted.

     L.1979, c. 317, s. 23, eff. Jan. 18, 1980.