Delaware Code Title 6 Sec. 2510D – Anticipatory relief
(a) Application for relief. — A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief:
(1) From any obligation or liability incurred by the servicemember before the servicemember’s military service; or
(2) From a tax or assessment falling due before or during the servicemember’s military service.
Terms Used In Delaware Code Title 6 Sec. 2510D
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(b) Tax liability or assessment. — In a case covered by subsection (a) of this section, the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:
(1) Stay of enforcement of real estate contracts. — a. In the case of an obligation payable 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, the court may grant a stay of the enforcement of the obligation:
1. During the servicemember’s period of military service; and
2. From the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.
b. Any stay under this paragraph shall be:
1. For a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
2. Subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
(2) Stay of enforcement of other contracts. — a. In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement:
1. During the servicemember’s military service; and
2. From the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
b. Any stay under this paragraph shall be:
1. For a period of time equal to the period of the servicemember’s military service or any part of such period; and
2. Subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
(c) Effect of stay on fine or penalty. — When a court grants a stay under this section, a fine or penalty shall not accrue on the obligation, liability, tax, or assessment for the period of compliance with the terms and conditions of the stay.