A Servicemembers Civil Relief Act search can verify whether someone is, or is not, in the military on a particular date.
But the accuracy of the results depends on the thoroughness of the search. Lenders and business owners can do the search themselves, online, using the Defense Manpower Data Center. If searchers have the subject’s Social Security number, they can often get accurate results from a DMDC search.
How to do a Servicemembers Civil Relief Act Search
But without the Social Security number, a Servicemembers Civil Relief Act search becomes more complicated. Many people have the same names and dates of birth. Therefore, it’s critical to be sure the search results are truly for the individual in question.
Sometimes, the best way to get results from a Servicemembers Civil Relief Act search is through a third-party agency such as the Servicemembers Civil Relief Act Centralized Verification Service. SCRACVS can usually provide results without a Social Security number, provided we have other information such as name, date of birth, address, names of relatives, etc.
The Servicemembers Civil Relief Act search is a part of a legal process. The Servicemembers Civil Relief Act says that military personnel are not responsible for paying many of their obligations during times of active service. The Act does not absolve servicemembers of their debts; however, under the Act, servicemembers may suspend payment while deployed.
Servicemembers Civil Relief Act Searches Complicated
While the SCRA can be fairly straightforward, it has its complexities. Different rules apply to different branches of service. Some periods of coverage can extend for months after servicemembers come off of active duty.
Lenders and business owners must be cautious to avoid violating the SCRA Act. Thus, many perform dozens or even hundreds of Servicemembers Civil Relief Act searches before moving forward with litigation.
A Servicemembers Civil Relief Act search says unequivocally whether a debtor was deployed at the time they defaulted on their loan or failed to make a payment. If the Servicemembers Civil Relief Act search shows the person was not deployed at the time, the court case can move ahead.
However, there are some gray areas. One such area includes deployed servicemembers who are guarantors on loans in default. Also, the rules are somewhat different for servicemembers who are reservists rather than enlisted personnel. Sometimes the SCRA covers servicemembers for a period of time before and after the deployment. Sometimes the date of coverage starts when the servicemember is notified. Other times, it starts on the date they are to report for duty.
That’s why it’s critical when doing a Servicemembers Civil Relief Act search to have dates of duty clearly spelled out. Such information can be used as evidence in civil and federal cases.
To stay safe and avoid government fines and penalties, lenders and business owners should perform Servicemembers Civil Relief Act searches on any customer in default. Military status is a game-changer.