From: Kelly Dunnaway

To: Sharon Jones

Date: Fri, Sep 14, 2001 3:45 PM

Subject: Re: Relief for the military

Most likely the reason that you have not been able to find anything under Colorado law is that any state law on the topic would be preempted by federal law, 50 U.S.C. section 501 et seq., the Solders' and Sailors' Civil Relief Act. Here's a few sections that may be relevant. Let me know if you have any specific questions.

Sec. 526. Maximum rate of interest

No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a person in military service before that person' entry into that services shall, during any part of the period of military service, bear interest at a rate in excess of 6 percent per year unless, in the opinion of the court, upon application thereto by the obligee, the ability of such person in military service to pay interest upon such obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of such service, in which case the court may make such order as in its opinion may be just. As used in this section the term "interest" includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) in respect of such obligation or liability.

Sec. 560. Taxes respecting personalty, money, credits, or realty; sale of property to enforce collection; redemption of property sold; penalty for nonpayment; notice of rights to beneficiaries of section

1. The provisions of this section shall apply when any taxes or assessment, whether general or special (other than taxes on income), whether falling due prior to r during the period of military service, in respect of personal property, money, or credits, or real property owned and occupied for dwelling, professional, business, or agricultural purposes by a person in military service or his dependents at the commencement of his period of military service and still so occupied by his dependents or employees are not paid.
2. No sale of such property shall be made to enforce the collection of such tax or assessment, or any proceeding or action for such purpose commenced, except upon leave of court granted upon application made therefor by the collector of taxes or other officer whose duty it is to enforce the collection of taxes or assessments. The court thereupon, unless in its opinion the ability of the person in military service to pay such taxes or assessments is not materially affected by reason of such service, may stay such proceedings or such sale, as provided in this Act (sections 501 to 593 of the Appendix), for a period extending not more than six months after the termination of the period of military service of such person.
3. When by law such property may be sold or forfeited to enforce the collection of such tax or assessment, such person in military service shall have the right to redeem or commence an action to redeem such propert, at any time not later than six months after the termination of such service, but in no case later than six months after the date when this Act (said sections) ceases to be in force; but this shall not be taken to shorten any period, now or hereafter provided by the laws of any State or Territory for such redemption.
4. Whenever any tax or assessment shall not be paid when due, such tax or assessment due and unpaid shall bear interest until paid at the rate of 6 per centum per annum, and no other penalty or interest shall be incurred by reason of such nonpayment. Any lien for such unpaid taxes or assessments shall also include such interest thereon.