A New York nonmilitary affidavit’s requirements differ slightly from those of other states. But all affidavits are designed to do the same thing: confirm or deny a person’s active-duty status. The Servicemembers Civil Relief Act (SCRA) requires plaintiffs in certain cases to file an affidavit about whether the defendant is in the military. If:
- a defendant is served with a complaint or statement of claim in any civil action
- a defendant fails to appear, and
- a plaintiff seeks a default judgment,
then the plaintiff is required to file a nonmilitary affidavit before the court will consider the case.
For example, if a defendant does not show up for a court case in New York, the plaintiff needs to present a nonmilitary affidavit in order to move forward. This proves the defendant is not on active duty status. The law excludes active-duty servicemembers from having to show up to court while deployed.
Also, you can’t begin a foreclosure of a property if the homeowner who is behind on his or her mortgage is on active duty. A lender who intends to foreclose on a homeowner in New York must first get a nonmilitary affidavit proving that the defendant is not on active duty.
How to Get a New York Nonmilitary Affidavit
Making the mistake of skipping active-duty status verification could drag out a legal process or end up getting you in legal trouble. Luckily, there are services that make it easy to get a nonmilitary affidavit.
For example, our company, the Servicemembers Civil Relief Act Centralized Verification Service, accesses the Defense Department’s Defense Manpower Data Center to determine active-duty status. We can then provide you with a New York nonmilitary affidavit. This makes the process easier for lenders and debt collectors who have enough to worry about with payment issues.
If you need to take legal action against someone in New York, get a nonmilitary affidavit from SCRACVS first.