What Is a Declaration of Nonmilitary Service?

A declaration of nonmilitary service is a sworn written statement, filed with a court, confirming that the defendant in a civil case is not on active military duty. Courts require it before entering a default judgment against someone who hasn’t responded, because federal law protects active-duty service members from losing cases they can’t appear to defend. Filing a false one is a federal crime punishable by up to a year in prison.¹

The requirement comes from the Servicemembers Civil Relief Act, codified starting at 50 U.S.C. § 3901. The SCRA lets courts pause civil actions that could harm a service member who can’t show up to defend themselves.² Section 3931 is the piece that drives the declaration: in any civil action where the defendant hasn’t appeared, the plaintiff must file an affidavit addressing military status before the court will enter judgment.¹

When You Have to File One

The usual trigger is a motion for default judgment. If you sued someone and they never answered, the court will not rule in your favor until you prove you checked whether the defendant is in the military. The declaration gets filed with the motion.¹

This comes up in debt collection, eviction, foreclosure, divorce, and child custody. Any case where the other side goes silent and you want the court to proceed without them will likely require this filing. Some courts also require it in contested cases where the defendant initially appeared and then stopped participating.

How to Check the Defendant’s Military Status

The official source is the Defense Manpower Data Center, which runs the SCRA verification site at scra.dmdc.osd.mil.³ The system checks the Defense Enrollment Eligibility Reporting System and returns a certificate showing whether the person is on active duty, left active duty within the past 367 days, or has received notice of a future call-up.

You’ll need to create an account. Enter the defendant’s name along with either a Social Security number or date of birth. A Social Security number produces more reliable results, because names and dates of birth alone can return ambiguous matches. Save or print the certificate the system generates. That certificate is the supporting evidence you’ll attach to the declaration when you file it.

What the Declaration Must Contain

The statute gives you two options. The affidavit must either state that the defendant is not in military service, with the facts that support that conclusion, or state that you were unable to determine the defendant’s military status after trying.¹

The law uses the word “affidavit,” but it also accepts a statement, declaration, verification, or certificate, as long as it’s in writing and made under penalty of perjury.¹ That’s why courts accept both notarized affidavits and unsworn declarations signed under penalty of perjury. Many courts hand out their own fill-in form; if yours doesn’t, an attorney can draft one. Attach the DMDC certificate either way.

What Happens If the Defendant Is on Active Duty

A positive result changes the case entirely. The court cannot enter a default judgment until it appoints an attorney to represent the absent service member. If that appointed attorney can’t locate the service member, nothing the attorney does waives the service member’s defenses or binds them to the outcome.¹

On top of that, the court must grant a stay of at least 90 days if it finds the service member may have a defense that can’t be presented without them, or if appointed counsel hasn’t been able to reach them.¹ Additional stays are available under 50 U.S.C. § 3932 if active duty continues, and if the court denies an additional stay it must appoint counsel.⁴ Your case can sit paused for months.

What Happens If You Can’t Determine Status

Sometimes the DMDC search comes back inconclusive, or you lack the identifying information to run a reliable search. If you file your affidavit saying you couldn’t determine military status, the court may require you to post a bond before entering judgment.¹

The bond is insurance. If the defendant later turns out to be a service member, the money is available to cover any loss or damage from the judgment, and it stays in place until the time for appeal and for setting aside the judgment has expired. The court also has broad authority to issue whatever orders it considers necessary to protect the defendant’s SCRA rights. Running the DMDC search carefully the first time usually costs less than a bond.

Penalties for Filing a False Declaration

Knowingly making or using a false affidavit, declaration, or certificate under this section carries a fine under Title 18, up to one year in prison, or both.¹ “Knowingly” means you were aware the information was false when you submitted it. Skipping the DMDC check and guessing is the kind of recklessness that creates problems. Run the search and keep the certificate.

The Service Member’s Right to Reopen a Default

Even after judgment is entered, a service member can ask the court to reopen the case if the default was entered during their military service or within 60 days after leaving service. Two conditions must be met: their military service materially affected their ability to defend, and they have a legitimate defense to raise.¹

The application must be filed within 90 days after military service ends. If the court grants it, the judgment is reopened and the service member gets to present a defense. A properly supported declaration backed by a genuine DMDC certificate doesn’t close off this risk entirely, but it shows good-faith compliance with the SCRA and leaves you on far stronger ground if the judgment is challenged later.

1
Office of the Law Revision Counsel. United States Code Title 50 – 3931 Protection of Servicemembers Against Default Judgments
2
United States Courts. Servicemembers Civil Relief Act
3
Defense Manpower Data Center. Servicemembers Civil Relief Act Website
4
Office of the Law Revision Counsel. United States Code Title 50 – 3932 Stay of Proceedings When Servicemember Has Notice