To get Illinois nonmilitary affidavits, you must comply with Illinois state laws and requirements. What are these laws and requirements, and how do you get Illinois 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 is 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 Illinois, in order to move forward, the plaintiff must submit an “Affidavit as to Military Service”, also known as a nonmilitary affidavit, and military affidavit. An example of the Cook County affidavit is found here.
In order to ensure SCRA compliance, Illinois courts 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 Illinois 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 could result in problems, including finds, under the SCRA. If the servicemember entered into the mortgage before deployment, mortgage holders cannot foreclose without a court order. Without a court order, the process cannot start until at least 90 days after the end of the servicemember’s deployment.
How to Get Illinois Nonmilitary Affidavits
Not procuring active-duty status verification can spell trouble for banks, lenders, landlords, 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 SCRA military affidavit for you. This helps lenders, debt collectors, landlords, storage operators, repossession companies, and others often who do not have the time to chase down all the paperwork associated with litigation.
Some Illinois courts may have their own specific form of affidavit. We keep a library of these here on our site. You can select a local court form in a drop-down box. Our goal is to keep this forms library of local courts’ affidavits and certificates up to date. If you find that our drop-down box of forms is missing your local form or has an out-of-date form, send us a .pdf of the form you would like us to add. By doing so, you will be doing yourself, other users, and us a great favor. Note that `you need to be logged in to click the link.
If you are planning to file suit or take legal action against someone in Illinois, depend on SCRACVS for nonmilitary affidavits. It will make the process infinitely easier.