# § 3933. Fines and penalties under contracts
**(a)** **Prohibition of penalties** When 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.
**(b)** **Reduction or waiver of fines or penalties** If a servicemember 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—
**(1)** the servicemember was in military service at the time the fine or penalty was incurred; and
**(2)** the ability of the servicemember to perform the obligation was materially affected by such military service.
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**Source Credit**: (Oct. 17, 1940, ch. 888, title II, § 203, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2843.)
## Editorial Notes
### Codification
Section was formerly classified to section 523 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
### Prior Provisions
A prior section 203 of , art. II, , related to stay or vacation of execution of judgments and attachments, prior to the general amendment of this Act by . See .
## Statutory Notes and Related Subsidiaries
### Effective Date
Section applicable to any case not final before , see , set out as a note under .