A court filing can stall for a single missing detail. A landlord, lender, or attorney prepares to move forward, yet the judge pauses the case until proof arrives confirming whether the defendant is on active military duty. That proof comes in the form of a military affidavit, a document that determines whether Servicemembers Civil Relief Act protections apply.
Submitting one without verified information risks more than delay. Courts have dismissed filings, overturned judgments, and questioned compliance when plaintiffs fail to obtain proper military status verification. The affidavit is not a formality; it serves as a safeguard that protects servicemembers and prevents costly legal mistakes for plaintiffs.
This guide explains what a military affidavit means for your case, when courts require it, and how to obtain legally valid verification that keeps proceedings compliant and defensible.
Key Takeaways
- A military affidavit must be filed before a court can issue any default judgment against a defendant.
- The affidavit’s primary purpose is to verify whether the individual is on active military duty and covered under the Servicemembers Civil Relief Act (SCRA).
- Submitting an inaccurate or incomplete affidavit can result in case delays, penalties, or reversal of judgment.
- Using SCRACVS for military status verification offers reliable, court-accepted results without requiring a Social Security number.
- Judges prefer affidavits that provide clear yes or no results, ensuring full legal compliance and preventing disputes over ambiguous findings.
What Is a Military Affidavit?
When a plaintiff files a civil case and the defendant fails to appear, the court cannot proceed immediately. Before entering a default judgment, judges require proof of the defendant’s military status. That proof is established through a military affidavit, a sworn statement that confirms whether the individual is serving on active military duty in the United States Armed Forces.
Under the Servicemembers Civil Relief Act (SCRA), courts must verify if certain protections apply before any legal action proceeds. The affidavit, sometimes referred to as a non-military affidavit or affidavit of military service, prevents violations of federal law by ensuring that servicemembers are not unfairly penalized while fulfilling their duties.
A proper affidavit contains the person’s full name, date of birth, and, if available, Social Security number. It also includes a declaration where the plaintiff swears whether the defendant is on active duty or not. This document must be notarized and submitted to the court before the judge can make any ruling.
Common Names for a Military Affidavit
| Term Used | Meaning |
|---|---|
| Nonmilitary Affidavit | States that the individual is not on active military duty and therefore not covered by SCRA protections. |
| Affidavit of Military Service | A general term verifying a person’s military status for court filings and compliance. |
| SCRA Affidavit | Filed to meet the Servicemembers Civil Relief Act requirements and confirm eligibility for legal protections. |
| Military Status Verification Affidavit | A sworn statement confirming the results of a military status verification search. |
| Military Service Affidavit | Often used in default judgments, confirming whether the defendant is serving in the U.S. Armed Forces. |
When Is a Military Affidavit Required?
Courts across the United States require a military affidavit whenever a defendant fails to appear in a civil proceeding.
Under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901–4043, a judge cannot enter a default judgment unless the plaintiff first verifies the defendant’s military status. This rule ensures that servicemembers who are deployed or on active military duty are not unfairly penalized for being unable to attend court.
The affidavit serves a clear purpose: it prevents service members from facing legal harm while serving the country. When a plaintiff swears under oath that a defendant is or is not in active duty status, the court can determine whether SCRA protections apply.
These protections may include 90-day stays, delayed hearings, appointment of counsel, or restricted actions against property, such as foreclosures and evictions.
Military affidavits are used in a wide range of civil matters, including:
- Evictions: A landlord filing against a tenant who has not responded must prove military status before the case proceeds.
- Foreclosures: A lender seeking to recover property must obtain a military status verification affidavit to confirm the borrower’s eligibility for SCRA protections.
- Debt Collection and Garnishments: Creditors must submit the affidavit to ensure compliance with the statute before obtaining a judgment.
- Divorce and Custody Cases: Courts require verification to avoid entering rulings against servicemembers who cannot attend proceedings due to deployment.
In many jurisdictions, even when a defendant appears in court, filing a non-military affidavit or affidavit of military service remains a procedural requirement. For example, a plaintiff in a civil lawsuit who submits an affidavit confirming the defendant’s non-active duty status allows the court to proceed lawfully.
Who Can Complete a Military Affidavit?
A military affidavit can be completed by any individual or organization that has legitimate knowledge of the defendant’s identity and access to military status verification. The person signing the affidavit must be able to swear under oath that the information provided is accurate.
Courts treat this document as a legally binding statement, which means the signer carries full responsibility for its truthfulness and completeness.
In most cases, affidavits are completed by:
- Landlords seeking to confirm whether a tenant is on active military duty before filing for eviction.
- Mortgage servicers and lenders are verifying military service to comply with SCRA protections in foreclosure or collection proceedings.
- Attorneys and law firms representing plaintiffs must file affidavits as part of the court requirements before a default judgment can be entered.
- Collection agencies confirm a debtor’s military status before initiating or pursuing civil action.
- Employers or government agencies verify active duty status when required for administrative or compliance purposes.
For the affidavit to be legally valid, it must be sworn before a notary public or signed in front of a court clerk. Many professionals rely on trusted verification services such as SCRACVS, which not only perform the official search but also provide notarized documents that meet federal and state compliance standards.
Whether filed by a plaintiff, an attorney, or a lender, the affidavit must contain accurate personal identifiers such as the individual’s full name, date of birth, and Social Security number, if available.
Once signed and notarized, it serves as verified proof that due diligence has been performed in confirming the individual’s military status in accordance with the Servicemembers Civil Relief Act.
Required Information in a Military Affidavit
A military affidavit must contain all the essential details that allow the court to confirm whether the defendant is currently serving on active military duty. It verifies that the plaintiff has followed proper steps to comply with the Servicemembers Civil Relief Act (SCRA) before pursuing a default judgment.
This document ensures that servicemembers receive the protections granted under federal law, while also allowing civil cases to proceed lawfully.
The affidavit starts with the defendant’s identifying information, such as full legal name and date of birth. When available, including a Social Security number helps ensure an accurate military status verification search.
The filer must then declare one of three outcomes:
- The individual is on active duty
- The individual is not on active duty
- The individual’s status could not be determined, supported by a note describing the verification steps performed.
If a definite status cannot be established, a separate affidavit of due diligence is filed. This document explains the actions taken to locate military records, such as checking databases or using third-party verification tools. It proves to the court that all reasonable measures were taken to confirm the person’s military status, helping avoid unnecessary delays or requests for additional documentation.
Each affidavit must also mention the verification source used to obtain the result. Courts generally accept verification from SCRACVS, the Defense Manpower Data Center (DMDC), or another authorized provider. The search date and active duty status date should appear clearly, showing when the verification was completed and the period it covers.
To be considered valid, the affidavit must be signed under penalty of perjury and often notarized or sealed by a court clerk.
Many courts also recommend adding supplementary details, such as:
- Case number or docket reference
- Name and contact details of the signer
- Statement of authority, describing the signer’s role in the case
- Verification certification, confirming the data source used
- Date of notarization, to establish when the affidavit becomes effective.
Required Affidavit Elements
| Required Element | Description |
|---|---|
| Defendant Identity | Includes full legal name and date of birth; Social Security number is optional but useful for precise verification. |
| Verification Source | Typically drawn from SCRACVS, DMDC, or a recognized court-approved verification provider. |
| Status Result | Indicates whether the individual is or is not on active military duty or if confirmation was not possible. |
| Search Date | Specifies when the verification occurred and the effective coverage period of the result. |
| Sworn Statement | Declares, under oath, that all details are true to the signer’s knowledge. |
| Notary or Clerk Seal | Adds legal validity; often required to complete the affidavit process. |
How to Verify Military Status Before Completing the Affidavit?
Before a military affidavit can be filed, the plaintiff must confirm the defendant’s military status using an approved verification source. Courts accept two primary methods:
1. Defense Manpower Data Center (DMDC)
The DMDC is the official database maintained by the Department of Defense. It provides accurate military service results when a Social Security number is included in the search. If that number is missing, the system issues reports with disclaimers stating the results cannot be guaranteed.
Because of these disclaimers, judges sometimes question or reject affidavits based solely on incomplete DMDC reports.
2. Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS)
The SCRACVS system conducts military status verification even when the Social Security number is unavailable. It accepts limited identifiers such as name and date of birth and produces clear yes or no results that meet court standards.
Each verification can be accompanied by a notarized affidavit, making it easier for attorneys, lenders, and landlords to file legally valid documentation.
SCRACVS reports include the search date, the effective active duty status date, and a sworn statement confirming the verification’s accuracy. Results are typically delivered within a short turnaround time, helping cases proceed without procedural delays.
How to Obtain a Military Affidavit (Step-by-Step Guide)
Filing a military affidavit is a precise legal process that confirms whether a defendant is protected under the Servicemembers Civil Relief Act (SCRA). Each step helps ensure that the document is valid, compliant, and ready for acceptance by the court.
1. Gather Basic Information
Begin with the defendant’s full name and date of birth. These are the essential identifiers needed to perform a military status verification search.
- Add any additional details available, such as current or previous addresses, aliases, or a spouse’s name.
- When possible, include a Social Security number, as it improves search accuracy in both SCRACVS and DMDC databases.
2. Verify Military Status
The next step is to confirm the individual’s active duty status.
- Conduct the verification using SCRACVS for court-ready, notarized results that do not require an SSN.
- If using the Defense Manpower Data Center (DMDC), note that results without an SSN may include disclaimers that make them less reliable for court filing.
- Keep a copy of the verification report, including the search date and active duty status date, for affidavit preparation.
3. Prepare the Affidavit
Once the verification is complete, prepare the official affidavit of military service.
- Use your state’s court-approved form if one is required.
- Attach the verification certificate or report as supporting documentation.
- Clearly state whether the defendant is on active duty, is not on active duty, or if the status could not be determined after due diligence.
- Review the document for consistency between your search results and your sworn statement.
4. Swear the Affidavit Under Oath
A military affidavit must be sworn before it can be filed.
- Sign the document in the presence of a notary public, court clerk, or attorney authorized to administer oaths.
- Ensure the signature and notarial seal meet your court’s formatting and authentication requirements.
- Double-check that all information is accurate before signing under penalty of perjury.
5. File the Affidavit With the Court
After the affidavit is signed and notarized, submit it for filing.
- Some courts require it to be filed with the initial petition, while others accept it as a separate submission.
- Include all attachments, such as verification reports or supporting exhibits.
- Once accepted, the court can proceed with hearings or default judgments, knowing that SCRA compliance has been properly satisfied.
Following these steps helps ensure that every filing meets the procedural expectations of courts, protects servicemembers under the SCRA, and allows plaintiffs and attorneys to move forward confidently with legally sound documentation.
Ensure Your Case Stays Legally Compliant
A military affidavit is more than a procedural form. It is a legal safeguard that keeps every court filing compliant with the Servicemembers Civil Relief Act (SCRA). By verifying military status before a case proceeds, the affidavit protects both servicemembers and plaintiffs from invalid or reversed judgments.
Courts may reject affidavits that contain missing information, unverifiable results, or disclaimers. Each detail, such as full name, date of birth, and the active duty status date, must be accurate and supported by trusted verification. Submitting incomplete or uncertain results can delay proceedings or create compliance issues for the filer.
Free searches that exclude a Social Security number often generate non-dispositive reports that judges hesitate to accept. Using a service like SCRACVS removes that uncertainty. The platform confirms active military duty using limited identifiers, provides notarized affidavits accepted nationwide, and delivers results within 24 hours.
Accurate verification protects your case, prevents costly delays, and demonstrates full compliance with the SCRA.
To obtain a court-ready affidavit quickly, visit SCRACVS and complete your military status verification today.