RCW 38.42.010 Definitions. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise. (1) “Attorney general” means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter. (2) “Business loan” means a […]
RCW 38.42.020 Applicability of chapter. (1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination […]
RCW 38.42.030 Protection of persons secondarily liable. (1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act, […]
RCW 38.42.040 Waiver of rights pursuant to written agreement. (1) A service member may waive any of the rights and protections provided by this chapter. In the case of a waiver that permits an action described in subsection (2) of this section, the waiver is effective only if made pursuant to a written agreement of […]
RCW 38.42.050 Protection of service members and their dependents against default judgments. (1) This section applies to any civil action or proceeding in which a service member or his or her dependent is a defendant and does not make an appearance under applicable court rules or by law. (2) In any action or proceeding covered […]
RCW 38.42.060 Stay of proceedings when service member has notice. (1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section: (a)(i) Is in military service, or it is within one hundred eighty days after termination of or release from military service; […]
RCW 38.42.070 Fines and penalties under contracts. (1) If an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay. (2) If a service member or his or her […]
RCW 38.42.080 Codefendants. If the service member or his or her dependent is a codefendant with others who are not in military service and who are not entitled to the relief and protections provided under this chapter, the plaintiff may proceed against those other defendants with the approval of the court. [ 2005 c 254 […]
RCW 38.42.090 Computation of statutes of limitation. (1) The period of a service member’s military service may not be included in computing any period limited by law, rule, or order, for the bringing of any action or proceeding in a court, or in any board bureau, commission, department, or other agency of a state, or […]
RCW 38.42.100 Inappropriate use of chapter. If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such […]
RCW 38.42.110 Restructure of business loan interest rate. (1) Upon the request of a service member with a qualifying business loan, the financial institution must restructure the interest rate of the loan to the equivalent provisions in the federal servicemembers civil relief act (50 U.S.C. App. 501 et seq.). The service member must notify the […]
RCW 38.42.120 Federal servicemembers civil relief act—Applicability. (1) The federal servicemembers civil relief act of 2003, P.L. 108-189, as amended, is specifically declared to apply in proper cases in all the courts of this state. (2) A violation of the federal servicemembers civil relief act of 2003 is a violation of this chapter. [ 2014 […]
RCW 38.42.130 Civil action—Person aggrieved. (1) Any person aggrieved by a violation of this chapter may in a civil action: (a) Obtain any appropriate equitable or declaratory relief with respect to the violation; and (b) Recover all other appropriate relief, including monetary damages. (2) The court may award to a person aggrieved by a violation […]
RCW 38.42.140 Civil action—Attorney general. (1) Civil proceedings to enforce this chapter may be brought by the attorney general against any person that: (a) Engages in a pattern or practice of violating this chapter; or (b) Engages in a violation of this chapter that raises an issue of significant public importance. (2) In a civil […]
RCW 38.42.150 Civil investigative demands—Standards—Limitations—Enforcement. (1) Whenever the attorney general believes that any person may: (a) Be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated, which he or she believes to […]
RCW 38.42.160 Termination or suspension of contracts upon receipt of military service orders. (1) A service member may, upon written notice, including electronic mail, terminate or suspend a contract described in subsection (2) of this section at any time after the date the service member receives military service orders: (a) For a permanent change of […]
RCW 38.42.900 Short title. This chapter may be known and cited as the Washington service members’ civil relief act. [ 2005 c 254 § 11.]
RCW 38.42.903 Effective date—2005 c 254. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 3, 2005]. [ 2005 c 254 § 15.]
RCW 38.42.904 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships […]
