If you’re filing a lawsuit in Georgia, you will likely need a Georgia nonmilitary affidavit. Each state has its own set of rules and regulations in regard to nonmilitary affidavits. Each state has its own set of rules and regulations in regard to nonmilitary affidavits, and it’s important to learn these before starting the process. Not everyone feels confident researching Georgia laws. You may want to use a resource to help you obtain your Georgia nonmilitary affidavit.
When any individual or business files suit against a debtor, they must check to see if this person is on active duty in the military, or in some cases, was not active at the time the contract was signed or the debt was incurred. The law that makes this necessary is known as the Servicemembers Civil Relief Act (the “SCRA”) which is a federal law. The SCRA protects servicemembers who are deployed and unable to respond to a lawsuit.
When defendants fail to appear for court dates in Georgia, the plaintiff must submit a nonmilitary affidavit before the case can go forward. If someone obtains a default judgment against a servicemember can face fines and other penalties.
To ensure compliance with the SCRA, almost all courts require proof that the plaintiff has checked the defendant’s military status. This can apply in court actions, collections matters, foreclosures, evictions, repossessions, storage facility and other matters. Without proof this proof, the courts will usually stop a plaintiff from proceeding.
If the court is not satisfied the person is not in the military, it may act to protect the person. Even if your local court does not require a nonmilitary affidavit, it is a better to have one on hand. Such a document shows the plaintiff has done his due diligence.
Your case can move ahead after you submit a nonmilitary affidavit to the Georgia courts proving the defendant is not on active duty. In cases in which the defendant is on active duty, you can still pursue your case. But you must follow a different path, obtaining a court order BEFORE you take any action.
Even getting the ball rolling in the process of foreclosure without a nonmilitary affidavit is a violation of the SCRA. In Georgia, even if the servicemember entered into the mortgage before deployment, mortgage holders cannot begin foreclosure without a court order. You cannot start the process until at least 90 days after the end of the servicemember’s deployment without a court order.
How to Get Georgia Nonmilitary Affidavits
Foregoing active-duty status verification can spell trouble for banks, lenders, landlords, car dealerships and anyone doing business with military personnel. Obtaining a Georgia nonmilitary affidavit can be time-consuming and confusing. For this reason, many people choose to use a service to get the documents they need. You can usually get these within 24 hours.
The Servicemembers Civil Relief Act Centralized Verification Service uses the Defense Department’s Defense Manpower Data Center to find out the active-duty status of potential defendants. We then produce a Georgia nonmilitary affidavit for you. This is a help to debt collectors, lenders and others without the time to complete all the paperwork litigation necessitates.
Trust SCRACVS to provide you with a proper Georgia nonmilitary affidavit when you need to face a debtor in court. We are on your side.