To get a nonmilitary affidavit in Florida, you must comply with Florida state laws and requirements. What are these laws and requirements, and how do you get Florida nonmilitary affidavits? If you engage the services of the right agency to help you — one with experience in federal and military rules and regulations — it’s easy.
If an individual or business plans to file suit against a debtor, they must be sure this person is not on active duty in the military, or in some cases, was not active at the time the debt was incurred or the contract was signed. This is a federal law known as the Servicemembers Civil Relief Act. The act protects servicemembers from litigation when they are deployed and consequently unable to respond properly, if at all.
If a defendant does not show up for a court date in Florida, in order to move forward, the plaintiff must submit a nonmilitary affidavit. A default judgment awarded without this document can result in courts levying fines and other penalties on the person who brought the suits.
In order to ensure SCRA compliance, courts often require proof that the litigant has checked the defendant’s military status. If you do not provide proof of no military duty, the courts will generally require you to appear. Plus, the court may take action to protect the person. Even if a court does not require one, an affidavit is a helpful document to have. An affidavit shows the plaintiff has done his or her due diligence.
Once Florida courts have a nonmilitary affidavit proving the defendant is not on active duty, your case can move ahead. If you discover that he or she is on active duty, you can still pursue your case. But you must follow a different path and get a court order first.
Even starting the process of foreclosure without a nonmilitary affidavit violates the SCRA. In Florida in particular, even if the servicemember entered into the mortgage before deployment, mortgage holders cannot foreclose without a court order. The process cannot start until at least 90 days after the end of the servicemember’s deployment, without a court order.
How to Get Florida Nonmilitary Affidavits
Not procuring active-duty status verification can spell trouble for banks, lenders, car dealerships and anyone who does business with military personnel. Getting a nonmilitary affidavit can be confusing and time-consuming. But you can use a service that can get you the documents you need, usually within 24 hours.
The Servicemembers Civil Relief Act Centralized Verification Service uses the Defense Department’s Defense Manpower Data Center to ascertain active-duty status. We then prepare a Florida nonmilitary affidavit for you. This helps lenders, debt collectors and others often who do not have the time to chase down all the paperwork associated with litigation.
If you are planning to file suit against someone in Florida, depend on SCRACVS for Florida nonmilitary affidavits. It will make the process infinitely easier.