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Section 800 Of Chapter 3. The California Military Families Financial Relief Act From California Military And Veterans Code >> Division 4. >> Chapter 3.
800
. (a) (1) Subject to subdivision (b), in addition to any other
benefits provided by law and to the extent permitted by federal law,
any member of the United States Military Reserve or the National
Guard of this state who is called to active duty after the enactment
of this chapter and before January 1, 2014, as a part of the Iraq and
Afghanistan conflicts may defer payments on any of the following
obligations while serving on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving account as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans. For purposes of this chapter, "vehicle" means a vehicle as defined in Section 670 of the Vehicle Code.
(F) Any payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist's primary place of residence on the date the reservist was ordered to active duty.
(2) Subject to subdivision (b), in addition to any other benefits provided by law and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving account as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans. For purposes of this chapter, "vehicle" means a vehicle as defined in Section 670 of the Vehicle Code.
(F) Any payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist's primary place of residence on the date the reservist was ordered to active duty.
(G) Any obligation owed to a utility company.
(b) (1) In order for an obligation or liability of a reservist to be subject to the provisions of this chapter, the reservist or the reservist's designee shall deliver to the obligor both of the following:
(A) A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations.
(B) A copy of the reservist's activation or deployment order and any other information that substantiates the duration of the service member's military service.
(2) If required by a financial institution, proof that the reservist's employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist's military pay, of more than 90 percent of the reservist's monthly salary and wage income earned before the call to active duty.
(c) Upon request of the reservist or the reservist's dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer's compensation policy does not provide continuing income to the reservist, including the reservist's military pay, of more than 90 percent of the reservist's monthly salary and wage income earned before the call to active duty.
(d) The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period.
(e) If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred.
(f) If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral.
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving account as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans. For purposes of this chapter, "vehicle" means a vehicle as defined in Section 670 of the Vehicle Code.
(F) Any payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist's primary place of residence on the date the reservist was ordered to active duty.
(2) Subject to subdivision (b), in addition to any other benefits provided by law and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty:
(A) An obligation secured by a mortgage or deed of trust.
(B) Credit card as defined in Section 1747.02 of the Civil Code.
(C) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(D) Retail installment account, installment account, or revolving account as defined in Section 1802.7 of the Civil Code.
(E) Up to two vehicle loans. For purposes of this chapter, "vehicle" means a vehicle as defined in Section 670 of the Vehicle Code.
(F) Any payment of property tax or any special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist's primary place of residence on the date the reservist was ordered to active duty.
(G) Any obligation owed to a utility company.
(b) (1) In order for an obligation or liability of a reservist to be subject to the provisions of this chapter, the reservist or the reservist's designee shall deliver to the obligor both of the following:
(A) A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations.
(B) A copy of the reservist's activation or deployment order and any other information that substantiates the duration of the service member's military service.
(2) If required by a financial institution, proof that the reservist's employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist's military pay, of more than 90 percent of the reservist's monthly salary and wage income earned before the call to active duty.
(c) Upon request of the reservist or the reservist's dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer's compensation policy does not provide continuing income to the reservist, including the reservist's military pay, of more than 90 percent of the reservist's monthly salary and wage income earned before the call to active duty.
(d) The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period.
(e) If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred.
(f) If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral.
