When you set out to get a Texas nonmilitary affidavit, you must take into account not just federal laws, but state SCRA laws as well. Both sets of laws can be confusing, and violating one of them — even accidentally — can cost you. Using an agency with experience in federal and state military rules and regulations takes the guesswork and uncertainty out of the process.
When an individual or business files suit against a debtor, they must be sure he or she is not on active military duty, or in some cases, was not active when the debt was incurred or the contract was signed. This federal law is known as the Servicemembers Civil Relief Act. It protects servicemembers who are deployed and unable to respond properly to litigation.
Courts in Texas Requires Nonmilitary Affidavits
When a defendant fails to respond to a court summons or misses a court date in Texas, the plaintiff must submit a nonmilitary affidavit to move forward. Plaintiffs who get default judgments against active servicemembers risk fines and other penalties.
To ensure SCRA compliance, courts often require proof that the litigant checked the defendant’s military status. Without proof the defendant is not in the military, the courts will often pause the case entirely. The court may also take action to protect the person. Even if a court does not require a nonmilitary affidavit, it is a good to have one. It shows the plaintiff has done his due diligence.
When you provide Texas courts with a nonmilitary affidavit proving the defendant is not on active duty, you can move ahead with your case. However, if you find instead that they are on active duty, you can still go forward with your case. But you must get a court order first. This applies to collections actions, foreclosures, evictions, storage facility and other matters.
Even beginning a foreclosure without a nonmilitary affidavit is in violation of the SCRA. In Texas, even if the servicemember entered into the mortgage before being deployed, mortgage holders cannot foreclose in the absence of 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 Texas Nonmilitary Affidavits
Not procuring active-duty status verification can mean trouble for lenders, banks, car dealerships or anyone who doing business with those in the military. The process of obtaining a nonmilitary affidavit can be confusing and time-consuming. But a service can get you the documents you need, and usually within 24 hours.
The Servicemembers Civil Relief Act Centralized Verification Service uses the Defense Department’s Defense Manpower Data Center to determine active-duty status. We then prepare a Texas nonmilitary affidavit for you. This helps tremendously for anyone who does not have the time to chase down all the paperwork involved.
If you’re filing suit in Texas, use SCRACVS to get your Texas nonmilitary affidavits. Your suit will move along more quickly, and you’ll save time and money.