Military Status Verification
Plaintiffs conduct military status verifications to determine if a person is on active military duty. These verifications are required in connection with the Servicemembers Civil Relief Act (SCRA). The SCRA affords certain protections to people on active military duty, called up for military duty or recently retired.
The goal of the SCRA is to allow the men and women serving their country to do so without worries of default judgments, evictions, foreclosures and some other actions. The SCRA requires plaintiffs to conduct military status verifications in certain situations to ensure the protection of these individuals’ rights.
Before a court will enter a default judgment, the judge will almost always require that the plaintiff (the lender, landlord or whomever is trying to get a judgment) submit a military affidavit. (Other names for military affidavits include nonmilitary affidavits, affidavits of military service or affidavits in compliance with the Servicemembers Civil Relief Act.) In this affidavit, the plaintiffs swear they have done a military status verification showing the individual is not on active military duty.
But the plaintiff has to be thorough. This is necessary because the SCRA is a federal statute carrying severe penalties. Plaintiffs who cavalierly execute an affidavit without conducting the required military status verification may be in violation of this statute.
The courts generally require that the military affidavit, resulting from the military status verification, be dispositive. That means that the judge usually wants a yes-or-no answer, with no equivocation or disclaimers.
Judges usually reject a military affidavit says that the results are not guaranteed because the Social Security number is unavailable.
Experienced lenders, servicers, attorneys and debt collectors utilize the Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS) as a one-stop resource for securing military status verifications. The SCRACVS, based in Washington, D.C., accesses the United States Department of Defense DMDC SEERS database. And we can usually perform the SCRA military status verifications even if the Social Security number is unavailable.