A key takeaway from the 9/11 terror attacks in New York City is the necessity of rapid deployment of active-duty military personnel for either combat or noncombat roles.
When members are on active duty and unable to reply to a process server’s substituted service or service by publication, they are at a severe disadvantage.
The Servicemembers Civil Relief Act was enacted by Congress to guarantee servicemembers’ legal protections and honor their sacrifices (SCRA).
The significance of the SCRA is essential to understanding the function of the affidavit of non-military service.
What is the Servicemembers Civil Relief Act?
Active servicemembers are the only ones who are eligible to receive the SCRA’s wide range of protection from financial and civil duties. It begins on the date a service member enters active duty and continues for 30 to 90 days after he or she is discharged.
The Department of Justice can impose severe penalties on a plaintiff who, even unintentionally, commences foreclosure or repossession proceedings in violation of the SCRA (DOJ). For example, if a landlord files a petition for eviction because their tenant has failed to pay rent, the landlord could face a punishment of $55,000 for the first offense and as much as $110,000 for successive offenses.
This law protects military personnel from repossession of their homes and vehicles in the absence of a judicial ruling. Furthermore, it prohibits divorce and child support hearings from being held against servicemembers while they are on active duty.
Plaintiffs, lenders, and creditors must consequently ensure that the defendant is not a serving member of the military. A formal record is required to show this in court.
What Exactly Is an Affidavit of Non-Military Service?
You, as the plaintiff, must demonstrate that you checked to see if the defendant is a current service member by filing an affidavit of non-military service (also called a military affidavit). The affidavit will say, if the information provided is accurate, that the defendant is not currently serving in the military.
Why Do We Need It?
For the following purposes, an affidavit is required:
- To keep from getting in trouble for breaking the SCRA.
- The purpose of this motion is to provide the court with grounds for entering a default judgment if the defendant does not answer after being properly served (judges will not enter judgment without an affidavit of non-military service).
- For the court to hear your case.
- Obtaining permission to sue the defendant.
- In order to keep your litigation from dragging on for an excessive amount of time and money.
Obtaining an Affidavit of Non-Military Service
The Department of Defense’s Department Manpower Data Center (DMDC) is the usual source for this kind of affidavit.
However, details like the defendant’s Social Security number are necessary for a DMDC check. DMDC verifications with a notice that the outcome may be erroneous will not hold up in court if you do not have this information.
If you don’t know the defendant well enough to gather facts yourself, hiring a third-party firm to collect an affidavit is your best bet. Although they do not have a Social Security number, they are able to submit military affidavits. These services collect additional data necessary to obtain a military verification, such as the defendant’s address, date of birth, and VIN.