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50 U.S.C. § 4041

Section 4041 · Enforcement by the Attorney General

This is the Servicemembers Civil Relief Act

Amended 2 times on record

Applied in 2 court decisions — leading case 447 F. App'x 468 - United States v. B.C. Enterprises, Incorporated (2011)

Most recently applied (August 2011)

(a) Civil action

The Attorney General may commence a civil action in any appropriate district court of the United States against any person who—

(1) engages in a pattern or practice of violating this chapter; or

(2) engages in a violation of this chapter that raises an issue of significant public importance.

(b) Relief

In a civil action commenced under subsection (a), the court may—

(1) grant any appropriate equitable or declaratory relief with respect to the violation of this chapter;

(2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and

(3) may, to vindicate the public interest, assess a civil penalty—

(A) in an amount not exceeding $55,000 for a first violation; and

(B) in an amount not exceeding $110,000 for any subsequent violation.

(c) Intervention

Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may intervene in such action, and may obtain such appropriate relief as the person could obtain in a civil action under section 4042 of this title with respect to that violation, along with costs and a reasonable attorney fee.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Codification

Section was formerly classified to section 597 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

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