§513. Protection of persons secondarily liable

(1) Whenever pursuant to any of the provisions of this Act [sections 501 to 593 of this Appendix] the enforcement of any obligation or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment, or decree, or the performance of any other act, may be stayed, postponed, or suspended, such stay, postponement, or suspension may, in the discretion of the court, likewise be granted to sureties, guarantors, endorsers, accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended.

(2) When a judgment or decree is vacated or set aside in whole or in part, as provided in this Act [sections 501 to 593 of this Appendix], the same may, in the discretion of the court, likewise be set aside and vacated as to any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree was entered.

(3) Whenever, by reason of the military service of a principal upon a criminal bail bond the sureties upon such bond are prevented from enforcing the attendance of their principal and performing their obligation the court shall not enforce the provisions of such bond during the military service of the principal thereon and may in accordance with principles of equity and justice either during or after such service discharge such sureties and exonerate the bail.

(4) Nothing contained in this Act [sections 501 to 593 of this Appendix] shall prevent a waiver in writing of the benefits afforded by subsections (1) and (2) of this section by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability, except that no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it applies, and no such waiver shall be valid after the beginning of the period of military service if executed by an individual who subsequent to the execution of such waiver becomes a person in military service, or if executed by a dependent of such individual, unless executed by such individual or dependent during the period specified in section 106 [section 516 of this Appendix].

(Oct. 17, 1940, ch. 888, art. I, §103, 54 Stat. 1179 ; Oct. 6, 1942, ch. 581, §§2, 3, 56 Stat. 769 ; Pub. L. 102–12, §9(3), Mar. 18, 1991, 105 Stat. 39 .)

Amendments

1991-Par. (4). Pub. L. 102–12, which directed that "after the date of the enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942" be struck out, was executed by striking out "after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942" before "no such waiver" to reflect the probable intent of Congress.

1942-Subsec. (1). Act Oct. 6, 1942, §2(a), substituted "accommodation makers, and others, whether primarily or secondarily" for "and others".

Subsec. (2). Act Oct. 6, 1942, §2(b), substituted "accommodation maker, or other person whether primarily or secondarily" for "or other person".

Subsecs. (3), (4). Act Oct. 6, 1942, §3, added subsecs. (3) and (4).