SSG John Tucker v. Cenlar Agency, 18CV-0142

Hearing: Petition to Stay Financial Obligation During Military Service

Date: April 5, 2018

Staff Sergeant John Tucker (“Tucker”) currently has a monthly mortgage obligation with Cenlar Agency, Inc. (“Cenlar”). Tucker is actively deployed in Kosovo with the Army National Guard. Consequently, Tucker seeks to stay his mortgage obligations pursuant to Military and Veterans Code section 409.3, which allows a service member to petition for relief of any obligation or liability incurred by the service member before the effective date of the orders for his or her current period of military service. (See also Cal. Rules of Court, rule 3.1372.)

The petition and supporting declaration must be served on the agent for service of process for Cenlar Agency, Inc. at least 10 days before the hearing date. (Mil. & Vet. Code, § 409.3(b); Code of Civ. Proc., § 415.40 [if mailing out of state with return receipt, then service complete 10 days after mailing].) The respondent is required to file and serve a response at least five days before the hearing. (Mil. & Vet. Code, § 409.3(b).) “If, after notice and hearing, the court finds the ability of the service member to comply with the terms of any such obligation or liability… has been materially affected by reason of his or her most current period of military service, the court may grant relief.” (Mil. & Vet. Code, § 409.3(d).)

Here, Tucker’s declaration establishes that he will be absent from his usual employment during his deployment, and his exhibits establish the duration of his military service from January 20, 2018 through at least January 23, 2019. Tucker submitted a written letter to Cenlar on December 21, 2017, advising of his deployment, to which Cenlar provided an acknowledgment in writing on February 5, 2018. Cenlar has not submitted a response to the instant petition. However, there is no proof of service on file showing where and to whom Tucker’s petition was served.

Tucker’s counsel should appear at the April 5, 2018 hearing with a proof of service showing timely service of this petition and supporting documentation on Cenlar Agency, Inc. Assuming service was effected, and absent any opposition, the petition will be granted.