A nonmilitary affidavit is frequently necessary when dealing with legal matters involving servicemembers.
Lenders and business owners can find themselves in trouble with the Justice Department if they don’t tread lightly in this area. The Servicemembers Civil Relief Act protects members of the military from legal action during times of active service. Thus, it is imperative to check on military members’ status before taking legal action.
A certificate of military verification is sometimes sufficient in a court of law. But other times, a judge may require a nonmilitary affidavit. When doing a search via the Defense Manpower Data Center, you may get accurate results regarding military service, but this government agency does not provide nonmilitary affidavits. For this, you must go through a third party such as the Servicemembers Civil Relief Act Centralized Verification Service.
Be Prepared with a Nonmilitary Affidavit
Filing a lawsuit takes time and money. Even those who represent themselves must take time off work to go to court, often several times for the same case. Those who have several cases can end up spending significant amounts of time in the halls of justice. Anything plaintiffs can do to expedite the process helps.
Therefore, litigants should obtain military affidavits as a matter of course. At the very least, find out the court or judge’s preferences. Getting to court and lacking the nonmilitary affidavit can often result in a continuance, adding weeks or even months onto the process. Depending on the type of filing, the time wasted can translate into money wasted as well — fees, rent or mortgages left unpaid, for instance. Plaintiffs may never recoup this money, regardless of the defendant’s military status.
Nonmilitary Affidavits Provide Security
Having a nonmilitary affidavit in hand when you go to court covers all the bases. It doesn’t merely show due diligence like a DMDC search — it proves unequivocally the military status of the defendant. If they are not on active duty, the court can push the case forward immediately.
A nonmilitary affidavit from SCRACVS is only $20, including next-day delivery. Some courts require filers to fill out special forms. SCRACVS has most of these forms on file. If we do not, simply send one to us and we will fill it out and notarize it.
If the plaintiff knows the defendant is in the military but was not deployed at the time they incurred the debt, this is all the more reason to obtain a nonmilitary affidavit. Judges and courts want to be certain they comply with the SCRA. If the plaintiff is a servicemember, get proof of their status during the time in question.