Section § 800

Explanation

If you are a reservist called to active duty, you might be able to temporarily postpone payments on certain financial obligations while you're away. This deferral includes mortgages, credit cards, vehicle loans, student loans, and utility bills. To get this deferment, you or someone you designate needs to send a written request and a copy of your military orders to your creditors. If your employer doesn't pay you the same salary while you're serving, you may need proof of that to qualify. Payments can be postponed for up to 180 days or the length of your active duty plus 60 days, whichever is shorter. You need to ask for this within 90 days after returning from duty. While payments are deferred, interest still accumulates, and if a lender agrees, they may extend the loan term to cover the months deferred. However, lenders can restrict further credit access during this period, and this arrangement does not stop you from paying if you wish to do so.

(a)CA Military and Veterans Code § 800(a) 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 may defer payments on any of the following obligations while serving on active duty, or following a period of active duty:
(1)CA Military and Veterans Code § 800(a)(1) An obligation secured by a mortgage or deed of trust.
(2)CA Military and Veterans Code § 800(a)(2) Credit card as defined in Section 1747.02 of the Civil Code.
(3)CA Military and Veterans Code § 800(a)(3) Retail installment contract as defined in Section 1802.6 of the Civil Code.
(4)CA Military and Veterans Code § 800(a)(4) Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code.
(5)Copy CA Military and Veterans Code § 800(a)(5)
(A)Copy CA Military and Veterans Code § 800(a)(5)(A) Up to two vehicle loans.
(B)CA Military and Veterans Code § 800(a)(5)(A)(B) For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.
(6)CA Military and Veterans Code § 800(a)(6) A 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.
(7)CA Military and Veterans Code § 800(a)(7) An obligation owed to a utility company.
(8)CA Military and Veterans Code § 800(a)(8) A student loan.
(b)Copy CA Military and Veterans Code § 800(b)
(1)Copy CA Military and Veterans Code § 800(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)Copy CA Military and Veterans Code § 800(b)(1)(A)
(i)Copy CA Military and Veterans Code § 800(b)(1)(A)(i) A written request by or on behalf of the reservist for a deferment of financial obligations.
(ii)CA Military and Veterans Code § 800(b)(1)(A)(i)(ii) For purposes of this subparagraph, “written request” includes an electronic communication.
(B)CA Military and Veterans Code § 800(b)(1)(B) A copy of the reservist’s military orders.
(2)CA Military and Veterans Code § 800(b)(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)CA Military and Veterans Code § 800(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)Copy CA Military and Veterans Code § 800(d)
(1)Copy CA Military and Veterans Code § 800(d)(1) The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days. The deferral 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.
(2)CA Military and Veterans Code § 800(d)(2) A request for deferral shall be submitted no later than 90 days following the period of active duty on which the deferral is based.
(e)CA Military and Veterans Code § 800(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. However, any mortgage payments deferred pursuant to this section are due and payable upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, other than a deferral of payments under this section.
(f)CA Military and Veterans Code § 800(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.
(g)CA Military and Veterans Code § 800(g) The deferment of payments on an obligation does not limit the ability of the reservist or any other person to make payments on the obligation.

Section § 801

Explanation

This section defines a "mortgage" for the purposes of the chapter related to military reservists. It specifies that the mortgage must be an obligation secured by either a mortgage or deed of trust on a residential property. The key condition is that the property must be the primary residence of the reservist at the time they are called to active duty.

For purposes of this chapter, “mortgage” means an obligation secured by a mortgage or deed of trust, and is limited to an obligation secured by a mortgage or deed of trust for residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered into active duty.

Section § 802

Explanation

This law states that if you are a reservist with a mortgage that includes an impound account for paying things like property taxes and insurance, you still have to make monthly payments that are enough to cover these costs, unless you and the lender agree to a smaller amount.

Nothing in this chapter relieves a reservist with a mortgage subject to an impound account for the payment of property taxes, special assessments, mortgage insurance, and hazard insurance from making monthly payments of an amount which is at least sufficient to pay these amounts, unless the borrower and lender agree to a lesser amount.

Section § 803

Explanation

This law defines key terms related to military service for the purposes outlined in the chapter. A "reservist" includes members of the state militia, as well as members of a U.S. Armed Forces reserve component, who are called to active duty. "Military orders" are official documents or notifications about a service member's duty status. "Military service" refers to full-time active duty for militia members or reservists and must last at least 30 consecutive days.

The following definitions apply for purposes of this chapter:
(a)CA Military and Veterans Code § 803(a) “Reservist” means either of the following:
(1)CA Military and Veterans Code § 803(a)(1) A member of the militia, as defined in Section 120, called or ordered into state military service pursuant to Section 143 or 146 or federal law.
(2)CA Military and Veterans Code § 803(a)(2) A member of a reserve component of the Armed Forces of the United States, as defined by Section 101 of Title 10 of the United States Code, who is ordered to active duty pursuant to federal law.
(b)CA Military and Veterans Code § 803(b) “Military orders” means, with respect to a service member, official military orders, or any notification, certification, or verification from the service member’s commanding officer, with respect to the service member’s current or future military duty status.
(c)CA Military and Veterans Code § 803(c) “Military service” means either of the following:
(1)CA Military and Veterans Code § 803(c)(1) Full-time active state service or full-time active federal service of a service member who is a member of the militia, as described in paragraph (1) of subdivision (a).
(2)CA Military and Veterans Code § 803(c)(2) Full-time active duty of a service member who is a reservist, as described in paragraph (2) of subdivision (a), for a period of no less than 30 consecutive days.

Section § 804

Explanation

If you're a reservist in California during the time frame specified in another section, you can delay paying the main amount and interest on certain debts. You won't get penalized for not paying during this time, and you won't be charged extra interest for the delay. The property tied to these debts cannot be foreclosed or repossessed while payments are deferred unless a court says so or everyone involved agrees to it.

During the period specified in Section 800, the reservist may defer the payment of principal and interest on the specified obligations. No penalties shall be imposed on the nonpayment of principal or interest during this period. No interest shall be charged or accumulated on the principal or interest on which the payment was delayed. No foreclosure or repossession of property shall take place during the period of deferment unless otherwise ordered by a court or agreed to by the parties to the obligation.

Section § 805

Explanation

If a person in military service has any taxes, fines, penalties, insurance premiums, or other civil payments delayed or paused, it can't hurt their credit score, lead to the denial or taking away of credit, or cause a lender to alter the terms of an existing credit agreement.

Subject to subdivisions (e) and (f) of Section 800, a stay, postponement, or suspension under this chapter of the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of a person in military service shall not provide the basis for affecting credit ratings, denial or revocation of credit, or a change by the lender in the terms of an existing credit arrangement.

Section § 806

Explanation

This law states that if a reservist was covered by any health care plan when called to active duty, their health coverage must be reinstated without any waiting periods or exclusions for pre-existing conditions once they return. The Director of the Department of Managed Health Care and the Insurance Commissioner have the authority to enforce this rule and impose penalties on health care providers who do not comply. These enforcement rules apply only to reservists called to active duty on or after January 1, 2007.

(a)CA Military and Veterans Code § 806(a) Any entity, which was providing any type of health care coverage, including, but not limited to, health care service plans, specialized health care service plans, and health insurance to a reservist at the time the reservist was ordered to active duty, shall reinstate the health care coverage without waiting periods or exclusion of coverage for preexisting conditions.
(b)CA Military and Veterans Code § 806(b) Pursuant to Section 1386 of the Health and Safety Code, the Director of the Department of Managed Health Care has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under Chapter 2.2 (commencing with Section 1340) of Part 2 of Division 2 of the Health and Safety Code, and may impose any applicable penalties provided for under that section.
(c)CA Military and Veterans Code § 806(c) Pursuant to subdivision (a) of Section 12921 of the Insurance Code, the Insurance Commissioner has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under the Insurance Code, and may impose any applicable penalties provided for under the Insurance Code.
(d)CA Military and Veterans Code § 806(d) The enforcement and penalty provisions of the act that added this subdivision shall apply only to reservists ordered to active duty on or after January 1, 2007.

Section § 807

Explanation

If you have a loan or sales contract and bought prepaid credit disability insurance, the lender must notify you at least 30 days before your insurance expires. This notice is to inform you that you won’t be covered after the expiration unless you extend the insurance. You can choose to add the cost of this extension to your loan or contract balance.

For loans or accounts with monthly premium payments, the lender must let you know that the insurance won’t cover a certain period unless you continue paying the premiums. You can opt to add these premium costs to your account balance.

(a)CA Military and Veterans Code § 807(a) The holder of a loan or retail installment sales contract with respect to which the debtor has purchased prepaid credit disability insurance shall give notice to the debtor not less than 30 days before the expiration date of the insurance that the debtor will not be protected during the period between that expiration date and the deferred maturity date of the loan or contract unless the insurance is extended. The debtor may, at their option, direct the holder to add the amount of the additional premium to the unpaid balance of the loan or contract.
(b)CA Military and Veterans Code § 807(b) The holder of an open-ended loan or retail installment account with respect to which the debtor has purchased credit disability insurance with premiums payable monthly together with the installment payments on the loan or the account shall give notice to the debtor that the debtor will not be protected by the insurance during the period specified in Section 800 unless the debtor elects to continue payment of premiums during that period. The debtor may, at their option, direct the holder to add the amount of those premiums to the unpaid balance of the account.

Section § 808

Explanation

This section allows military reservists to defer payments on their leased vehicles during a specific period without breaking the lease or facing repossession. If payments are deferred, the lease term must be extended by the same number of months as the deferral. The term 'vehicle' here refers to its definition in another section of the Vehicle Code.

(a)CA Military and Veterans Code § 808(a) During the period specified in Section 800, the reservist may defer payments for leased vehicles without breach of the lease or the foreclosure or repossession of the vehicle. If a lender defers payments pursuant to this section, the lender shall extend the term of the lease by the amount of months the lease was deferred.
(b)CA Military and Veterans Code § 808(b) For the purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.

Section § 810

Explanation

If a debt covered by this chapter is sold to someone else, the new owner must honor any payment deferral terms that were originally part of the agreement.

In those instances where a financial obligation covered by this chapter is sold, any requirement to defer payments as specified in this chapter transfers to the purchaser of the obligation.

Section § 811

Explanation

This law states that if a reservist is called to active duty, their spouse or legal dependent can receive the same benefits that the reservist is eligible for. However, these benefits only apply to obligations that were already in place before the reservist was called to their current active duty.

(a)CA Military and Veterans Code § 811(a) The spouse or legal dependent, or both, of a reservist who is called to active duty, shall be entitled to the benefits accorded to a reservist under this chapter, provided that the reservist is eligible for the benefits.
(b)CA Military and Veterans Code § 811(b) This chapter applies only to an obligation specified in this chapter that was incurred prior to the date that a reservist was called to their current period of active duty.

Section § 812

Explanation

If someone breaks the rules in this chapter, they must cover any real losses, attorney fees, and costs for the service member or others protected by these rules.

Also, service members or others wanting to enforce their rights under this chapter don't need to pay any filing fees or court costs.

(a)CA Military and Veterans Code § 812(a) A person violating any provision of this chapter shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person entitled to the benefits and protections of this chapter.
(b)CA Military and Veterans Code § 812(b) A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court costs.

Section § 813

Explanation

If a service member asks for help under this law and the person receiving the request thinks it's incomplete or insufficient, they must reply in writing within 30 days. This reply should explain why they believe the request isn't complete and provide details on what's needed to complete it, along with contact information.

If the person doesn't respond within the 30-day period, they lose the right to refuse the request, and the service member gets the help they asked for.

(a)CA Military and Veterans Code § 813(a) Any person who receives a good faith request from a service member for relief pursuant to this chapter and who believes the request is incomplete or otherwise not legally sufficient, or that the service member is not entitled to the relief requested, shall, within 30 days of the request, provide the service member with a written response acknowledging the request, setting forth the person’s basis for believing or asserting that the request is incomplete or not legally sufficient, or that the service member is not entitled to the relief requested. The response shall clearly identify the specific information or materials that are missing from the request and that would be required to grant the relief requested, and provide contact information, including a mailing address and telephone number, which the service member can use to contact the person.
(b)CA Military and Veterans Code § 813(b) If the person fails to make such a response in the timeframe set forth in this section, the person waives any objection to the request, and the service member shall be entitled to the relief requested.