Do You Need an Affidavit of Non-Military Service?
You need an affidavit of non-military service when you are suing or taking other action against another individual.
Collections actions, foreclosures, car repossessions, real estate evictions, storage rental terminations, domestic relations cases, child support cases, and contract disputes are all common examples of situations in which you are required by the court to produce an affidavit.
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects people in the military who are on active duty, and this law can impact your ability to file suit against them.
While it does not exempt them from their duty to pay their debts or answer to legal matters in a court of law, it puts an extra burden on the plaintiff in legal matters.
Congress intended the law to cut down on distractions for members of the military who are on active duty serving their country. Beyond this, however, the law prevents what might be viewed as an unfair default judgment from being issued against a servicemember who is required to appear in court but cannot through no fault of their own.
Violating the SCRA — even accidentally — can result in a court ordering you to pay restitution and fines, some of which may be substantial.
The law even provides for jail time, should the court decide it is warranted.
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What Is a Military Affidavit?
A military affidavit is an essential legal document that ensures fairness in court proceedings involving members of the U.S. Armed Forces. It is not just paperwork but a safeguard that protects the rights of servicemembers who may be unable to appear in court due to active-duty commitments.
Under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931, this affidavit confirms whether an individual involved in a legal proceeding, such as an eviction, foreclosure, or debt collection, is currently serving on active duty.
Before a court can issue a default judgment, the plaintiff must submit an affidavit verifying the defendant’s military status. If the person is found to be on active duty, the court cannot proceed with a default decision until one year after the servicemember’s active-duty service period has ended.
Courts rely on this affidavit to ensure that a defendant’s rights are not violated while they are engaged in military obligations. For instance, in cases of eviction or foreclosure, landlords or creditors must first provide proof through a verified affidavit that the defendant is not on active duty before continuing with the case.
A few important details about the military affidavit include:
- Many courts require a military affidavit to confirm whether a party in a legal proceeding is on active duty in the U.S. Armed Forces.
- Verifying active duty status is required under the SCRA to protect servicemembers from default judgments while on active duty.
- Courts are prohibited from issuing a default judgment until one year after the end of a servicemember’s active-duty period.
Verification of military status is typically obtained through official databases such as the Defense Manpower Data Center (DMDC) or trusted verification platforms like SCRACVS, which help law firms, lenders, and property owners obtain accurate and court-acceptable results.
The SCRA extends protection beyond default judgments. It prevents property seizure, foreclosure, and lease termination for residential or vehicular space, ensuring servicemembers and their families are not unfairly affected by legal actions. The U.S. Attorney General also has the authority to bring federal lawsuits against those who violate these protections.
Accuracy in preparing this affidavit is crucial. Submitting a false or incomplete military affidavit can result in serious penalties or dismissal of the case. This document, when handled correctly, reinforces the principle of due process and demonstrates the justice system’s commitment to protecting those serving the nation.
Same Form, Different Names
Before the court will proceed with your claim, you must prove that the defendant doesn’t have SCRA protections by showing the court an affidavit of non-military service.
This form also may have other names:
- Military affidavit
- Non-military affidavit
- Affidavit pursuant to the Servicemembers Civil Relief Act
- SCRA affidavit
You want to get an affidavit that shows inactive military service that says you have done an SCRA search of the person’s military status and that they are (or are not) in active duty military service.
The Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS) provides these required military affidavits.
Although you can perform a DMDC SCRA search on your own, it can take time — weeks, months, or even years — to get results. And when you do get results, they may be inconclusive. That’s because the DMDC requires a Social Security number to produce a verified result. If you do not have the subject’s Social Security number, your verification will come with a disclaimer saying the results are inconclusive.
At SCRACVS, we can use other information to determine the subject’s active status. This includes name, birthdate, address, telephone number, driver’s license number, names and addresses of family members, and other identifying information.
We Handle All Forms
Some courts require you to use their forms. We also have most of these at the SCRACVS. If your local court needs special forms we don’t have, you can forward copies to us and we will complete, sign, notarize and return them to you.
The information we provide you regarding active duty status will be for the current date.
For example, if you ask for an affidavit (of non-military service), we will supply a form verifying the person’s military status for the date you request it.
If you want to know the person’s status for an earlier date, you enter that earlier date into the field requesting this information.
If you need a span of time of more than one year, you will need verifications for each year. There are no records prior to Oct. 1, 1985.
What Happens After Filing an Affidavit of Non-Military Service?
Filing an Affidavit of Non-Military Service marks a critical point in a legal process where timing and accuracy matter.
Once it is submitted, the document officially certifies that the individual named in the case is not serving on active duty in the U.S. Armed Forces. With that confirmation, the court can move forward without breaching the Servicemembers Civil Relief Act (SCRA).
After the affidavit is filed, courts may:
- Grant a default judgment if the defendant does not appear or respond.
- Proceed with actions such as eviction, wage garnishment, or foreclosure, depending on the case.
If the court later discovers that the affidavit contained incorrect information and the defendant was on active duty, the judgment can be overturned under SCRA §3931(g). This safeguard ensures that servicemembers are not unfairly affected by legal proceedings while they are fulfilling their military responsibilities.
Before signing an affidavit, the plaintiff must exercise due diligence. Courts do not accept assumptions or incomplete statements. They expect proper proof that military status has been verified through an official source such as the Defense Manpower Data Center (DMDC).
Attaching a verification report or certificate from a reliable service like SCRACVS is strongly recommended. This documentation demonstrates that a legitimate search was performed and supports the affidavit with verifiable evidence.
Submitting accurate records protects both parties involved and reinforces the integrity of the legal process under the Servicemembers Civil Relief Act.
What Does Declaration of Non-Military Service Mean?
In legal proceedings, precision in wording often matters as much as timing. The term Declaration of Non-Military Service might sound different, but in practice, it serves the same purpose as an Affidavit of Non-Military Service. Both are sworn statements confirming that an individual involved in a case is not currently serving in the U.S. Armed Forces.
A declaration of non-military service is signed under penalty of perjury and submitted to a court or administrative authority. This document allows a case to proceed while remaining compliant with the Servicemembers Civil Relief Act (SCRA). Its primary goal is to ensure that no action, such as eviction, repossession, or default judgment, moves forward against an active-duty servicemember who is legally protected by the Act.
Depending on the jurisdiction, this document may be labeled differently, such as:
- Affidavit of Non-Military Status
- Military Status Declaration
- SCRA Compliance Statement
Regardless of the title used, the purpose is identical: to verify non-military status and confirm that all SCRA requirements have been met before any default action takes place.
A small but important legal distinction separates a declaration from an affidavit. While both carry the same legal weight, an affidavit must be notarized, confirming that it was signed in front of an authorized official. A declaration, on the other hand, may not require notarization depending on state law.
Get Your Affidavit of Non-military Service, Fast
SCRACVS performs searches upon request and provides results usually within 24 hours. All you need to do is provide us with the identifying information we need to complete the search.
The fastest way to get results is to provide us with the subject’s Social Security number. If you don’t have the Social Security number, we may still be able to complete your military verification check by using other information such as name, address, date of birth, names and addresses of relatives, driver’s license number, phone number, etc.
The cost per search is $40 and if we cannot provide verification, you don’t pay. Further, we offer batch discounts to businesses that process large volumes of verifications.
If you need an affidavit of non-military service to take to court with you, we will provide one for $30. If you have any questions or need extra support, feel free to contact us. Moreover, For cases in Wisconsin, understanding how to prepare an Affidavit of Non-Military Service can help you fulfill legal requirements efficiently.
Don’t let litigation drag on and run up a bill. Trust SCRACVS to get you the affidavit of non-military service you need to move forward now. To obtain your affidavit of non-military service, register or login.
