A non-military service affidavit must be presented to the court in any civil action, including those involving child support, vehicle repossession, eviction, or domestic relations. In short, if you wish to sue another person, you must submit this form of an affidavit.
If you’re suing someone or pursuing any other legal action against them, you’ll need an affidavit of non-military service.
Affidavits are often requested by the court in matters involving collections, foreclosure, vehicle repossession, real estate eviction, storage rental termination, domestic relations, child support, and contract disputes.
Your capacity to initiate a lawsuit against an active duty service member may be affected by the federal Servicemembers Civil Relief Act (SCRA).
It shifts the burden of proof to the plaintiff in legal proceedings, but it does not relieve the defendant of the responsibility to pay debts or appear in court.
It was Congress’s hope that this legislation would reduce the number of potential disruptions experienced by service members while they are actively serving their country. In addition, the legislation protects military personnel who are summoned to court but are unable to appear due to circumstances beyond their control from having an unfavorable default judgment imposed against them.
If you violate the SCRA, even unintentionally, you could be ordered to pay hefty fines and reparations.
The legislation permits imprisonment if the court deems it appropriate.
This document is required by the courts for a reason, and while it may sound strange, that reason is valid. Keep reading to find out more.
In what ways does the Servicemembers Civil Relief Act help military personnel?
The SCRA’s broad immunity from legal and monetary obligations is available to only currently serving personnel of the armed forces. It begins on the first day of active duty and lasts until 30–90 days after the service member is discharged.
If a plaintiff initiates foreclosure or repossession operations in contravention of the SCRA, even accidentally, the Department of Justice has the right to impose significant fines against the plaintiff (DOJ). As an illustration, if a landlord initiates eviction proceedings against a tenant for nonpayment of rent, the landlord could be fined as much as $110,000 for repeat offenders and as little as $55,000 for the first offense.
In the absence of a court order, this statute shields members of the armed forces from having their homes or vehicles repossessed. Additionally, it prevents military personnel from having to attend divorce or child support proceedings while on active duty.
Thus, it is the responsibility of the plaintiffs, the lenders, and the creditors to confirm that the defendant is not currently serving in the military forces. You’ll need something official if you intend to use this as legal evidence.
What Is an Affidavit of Non-Military Service?
Service members are shielded from civil litigation by the Servicemembers Civil Relief Act (SCRA). This federal law was enacted to give service members on active duty 100 percent of their attention and focus while they are protecting the country. Therefore, they are shielded from any financial or legal dealings that would compromise their rights while in uniform. Members of the United States Army, Marine Corps, Coast Guard, Navy, and Air Force who are on active duty are covered by this statute.
No, this doesn’t imply they’re completely safe from any kind of legal action. What this does is create yet another hurdle for lawyers to jump over when their clients seek to sue a member of the armed forces or a uniformed public servant.
The SCRA also protects active-duty service members from being tried in absentia, which is essential for a fair trial.
A non-military service affidavit may be required by the judge before your case can move further. They can check to see if the defendant you’re using is a member of the armed forces this way. An SCRA affidavit, or military affidavit, is an affidavit stating that the defendant is not currently serving in the armed forces.
Remember that this regulation only applies to those who are already serving in the armed forces. Former service members are not automatically covered by this statute.
Same Form with Various Names
In order for the court to hear your case, you will need to provide an affidavit attesting to the fact that the defendant did not serve in the armed forces, as this is a prerequisite for SCRA rights.
There are a few alternative names for this structure:
- Military affidavit
- Non-military affidavit
- Affidavit pursuant to the Servicemembers Civil Relief Act
- SCRA affidavit
You need an affidavit showing in-active military service to prove that you checked the person’s military status through the SCRA and that they are (or are not) on active duty.
The Social Security number is necessary for DMDC to verify the outcome. Without the subject’s Social Security number, your verification will come with an inconclusive disclaimer.
Affidavit of Non-Military Service: When to Use It
- In order to avoid legal issues for violating the SCRA.
- If the defendant does not respond after being served with the motion and summons, the court can impose a default judgment (without a non-military service affidavit, judges cannot rule.).
- For the court to hear your case soon.
- Getting the go-ahead from a higher authority to file a lawsuit against the accused.
- Because the more time and money you waste on legal proceedings, the less likely it is that you will win.
Getting a Declaration of Non-Military Service
Requesting a non-military service affidavit from a court may require a specific form.
You can get an affidavit from the military on your own, but it will require time and specific information, including the defendant’s SSN. If you want to skip all that hassle, just call in the experts. Professionals may be relied upon to take on burdensome tasks.
To get an affidavit when you don’t know the defendant well enough to do so yourself, using a third-party agency is your best bet. They can still submit military affidavits in lieu of a Social Security number. The defendant’s residence, date of birth, and VIN are just some of the extra pieces of information that are collected by these firms in order to obtain military verification.