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Fill and Sign the Servicemembers Civil Relief Act Scra Department of Form

Fill and Sign the Servicemembers Civil Relief Act Scra Department of Form

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IN THE ____________ COURT OF ________________ COUNTY, MISSISSIPPI _________________________ PLAINTIFF VS. CASE NUMBER ______________ _________________________ DEFENDANT MOTION TO LIFT STAY ISSUED PURSUANT TO THE SOLDIERS AND SAILORS CIVIL RELIEF ACT Comes now _________________________ , Plaintiff in the above captioned matter, by and through his attorney, and respectfully moves this honorable Court to lift the Stay issued by this Court on the _____, day of __________, 20___, and that this Case be re-activated. The undersigned would show unto this Honorable Court the following matters and facts, to-wit: 1. That on the _____, day of __________, 20___, Plaintiff requested that these proceedings be stayed pursuant to the Soldiers ฀ and Sailors ฀ Relief Act of 1940, since he had been ordered to active duty with the United States _______________ (Army, Navy, Air Force, Marines) beginning in _______________ of 20____ for _____________________________________ (e.g., Operation Enduring Freedom). 2. That an Order was entered by this honorable Court on _____, day of __________, 20___, staying this case until such time as this case be re-activated upon proper Motion. 3. That Plaintiff has been released from active duty and desires to proceed with this case and pursue his rights under the laws of Mississippi regarding the matters complained of in his Complaint filed herein. WHEREFORE, Plaintiff moves that this honorable Court lift said stay and re-activate this Case. RESPECTFULLY SUBMITTED this the ____ day of ____________, 20____. ________________, Plaintiff BY _______________________________ CERTIFICATE OF SERVICE I, _________________________ , do hereby certify that a true and correct copy of the above and foregoing Motion to Lift Stay issued Pursuant to the Soldiers and Sailors Civil Relief Act has been served, via US mail, postage prepaid, to the following: _________________________ ___________________________________________________________________________ COUNSEL FOR _________________________. This the ____ day of ___________, 20___. _________________________________

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