To get a nonmilitary affidavit in Virginia, you must comply with Virginia state laws and requirements. What are these laws and requirements, and how do you get Virginia 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 Virginia, in order to move forward, the plaintiff must submit a military affidavit pursuant to VA. Code § 8.01-15.2. Even if a defendant appears, the courts will block entry of a judgment if you do not submit a military affidavit.
Once Virginia 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 violate the SCRA. In Virginia in particular, 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 Virginia 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 Virginia nonmilitary 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.
Virginia courts may require specific forms. 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 Virginia, depend on SCRACVS for Virginia nonmilitary affidavits. It will make the process infinitely easier.