(a) Application This rule applies to petitions for relief from financial obligations made by a servicemember under Military and Veterans Code section 409.3.
Rule 3.1372.Petitions for relief from financial obligations during military service
Division 11. Law and Motion · Chapter 8. Other Civil Petitions · Adopted 2012 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.1372 sets three procedural rules for a servicemember’s petition for relief from financial obligations under Military and Veterans Code section 409.3 — how the case applies, how the petition must be served, and when supporting memoranda are required.
Full Text of Rule 3.1372
(b) Service of petition Service of the petition for relief and all supporting papers must be made in the manner provided by law for service of summons in civil actions.
(c) No memorandum required Unless ordered by the court, no memorandum is required in support of or opposition to a petition for relief.
Plain-English Summary
California law lets a servicemember ask a court for relief from certain financial obligations — the kind of protection that keeps a person on active duty from losing a house or defaulting on a debt while they cannot attend to their civilian affairs. Rule 3.1372 does not create that right; it handles the mechanics of bringing the petition once the servicemember decides to file one.
Two of the three provisions are practical. Service of the petition and any supporting papers must follow the same rules used to serve a summons in an ordinary civil action, so the person or entity on the other side of the financial obligation gets the same formal notice they would in any lawsuit. And unless the court specifically orders one, neither side has to file a legal memorandum supporting or opposing the petition — a small but real time-saver in a proceeding meant to move quickly for someone whose service commitments leave little room for paperwork.
Frequently Asked Questions
What law lets a servicemember ask a California court for relief from financial obligations?
Military and Veterans Code section 409.3. Rule 3.1372 governs the procedure for petitions brought under that statute, not the underlying right to relief.
How must a servicemember’s petition for financial relief be served?
The same way a summons is served in an ordinary civil action, under Rule 3.1372(b).
Do the parties have to file legal briefs on a military financial relief petition?
Not unless the court orders it. Rule 3.1372(c) dispenses with a supporting or opposing memorandum by default.
Amendment History
Rule 3.1372 adopted effective January 1, 2012.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: servicemember financial relief petition CaliforniaMilitary and Veterans Code 409.3 procedureCRC rule 3.1372