Servicemembers Civil Relief Act Affidavit
The Servicemembers Civil Relief Act offers certain protections to personnel on active military duty. Reservists who have received call-up orders (but not yet reported for duty) also receive these protections. Some of these protections continue for a period of time after termination of active duty.
Litigants may not take default judgments against active-duty personnel. The courts may also bar certain foreclosure and collections actions, as well as evictions.
Before adverse action may be taken against an individual, a military verification must be conducted to determine if the individual is covered under the act, including a determination of the start and end dates of any active duty. All branches of the military are required to update the records of the Department of Defense Defense Manpower Data Center when an individual’s military status changes.
SCRACVS Easier to Use
The DMDC’s sole identifier for inquiries is the individual’s Social Security number. So if neither the SSN nor the date of birth is supplied, the DMDC will not respond to the inquiry. If the DMDC has only the date of birth, it will include a broad disclaimer that courts will usually reject. The DMDC does not provide any affidavits.
The SCRACVS, however, offers a more comprehensive and easier to use resource, and supplies verifications even without a Social Security number. Additional information distinguishing the SCRACVS from the DOD site can be found here.
What is a Servicemembers Civil Relief Act affidavit?
A Servicemembers Civil Relief Act affidavit is a sworn document, executed before a notary public or court clerk, indicating that a military verification has been conducted, due diligence performed and what the investigation revealed. This document has many names, depending upon the jurisdiction. Names include:
- Military affidavit
- Nonmilitary affidavit
- Servicemembers Civil Relief Act affidavit
- Active duty affidavit
- Affidavit concerning military service
- Active duty military affidavit
Many courts have their own required forms for the military affidavit and may reject inconsistent versions. When ordering an affidavit from the SCRACVS, the user may request jurisdiction-specific formats. If the SCRACVS does not yet offer a format, the user may supply it and the format will become available to all users. Alternatively, the user might prepare his or her own affidavit, in compliance with local rules or customs, and attach a copy of the SCRACVS certification or affidavit as a court exhibit.
There are times when, even with all the information available to us, it does not lead us to the person’s social security number (which is what the Department of Defense requires for a complete verification). In those situations, we can prepare an Affidavit of Due Diligence which is almost uniformly accepted by courts.
Get Your Affidavit from SCRACVS
The DMDC site does NOT supply affidavits. The SCRACVS DOES supply affidavits. They are sent one business day following the order. Fedex delivery service is available. The charge for an affidavit is $20 and (Fedex at $35).
The purpose of the Servicemembers Civil Relief Act Affidavit is to provide courts and other institutions proof that plaintiffs have complied with the terms of the SCRA. It is important to note that the Servicemembers Civil Relief Act is not a blanket protection against all judgments, and if a servicemember becomes aware of a court proceeding or other adverse action, the servicemember should immediately consult a competent attorney for advice.