(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.
Terms Used In Washington Code 38.42.070
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- member: refers to a soldier or airman of the organized militia. See Washington Code 38.04.010
- military: refers to any or all of the armed forces. See Washington Code 38.04.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) If a service member or his or her dependent fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if:
(a)(i) The service member was in military service at the time the fine or penalty was incurred; or
(ii) The action is against a dependent of the service member and the service member was in military service at the time the fine or penalty was incurred; and
(b) The ability of the service member or dependent to perform the obligation was materially affected by the military service.