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2005 SESSION
HB 1757 Servicemembers Civil Relief Act; attorney fees.
Introduced by: William R. Janis | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Servicemembers Civil Relief Act; attorney fees; failure to file affidavit. Provides that (i) where appointment of counsel is required for a servicemember pursuant to federal law the court may assess attorneys' fees and costs against any party as the court deems appropriate, and (ii) failure to file an affidavit relating to the defendant's status as a servicemember is not grounds to set aside an otherwise valid default judgment against a defendant who was not, at the time of service of process or entry of default judgment, a servicemember.
SUMMARY AS INTRODUCED:
Servicemembers Civil Relief Act; attorney fees. Provides that where counsel must be appointed, the court may award attorney fees and costs on behalf of any party as the court deems appropriate based on the relative financial ability of the parties.