A non-military affidavit is a sworn statement filed in a civil case telling the court whether the defendant is on active military duty. Under the Servicemembers Civil Relief Act, a judge cannot enter a default judgment against someone who hasn’t appeared in the case until the plaintiff files this affidavit.1Office of the Law Revision Counsel. 50 U.S.C. § 3931
When You Need to File One
The requirement kicks in at a specific moment: the defendant has failed to appear or respond, and you’re asking the court for a default judgment. If the defendant shows up and participates, the affidavit isn’t triggered. If they don’t, the court needs to know their military status before it will rule.1Office of the Law Revision Counsel. 50 U.S.C. § 3931
Civil matters where this commonly comes up include:1Office of the Law Revision Counsel. 50 U.S.C. § 3931
- Debt collection and contract disputes
- Eviction and foreclosure proceedings
- Vehicle repossessions
- Family law matters, including child custody and divorce
Information You Need to Gather
To fill out the affidavit accurately, you need identifying information about the defendant. The Social Security number is the primary identifier used for verification, and most courts and the official search system also want the person’s last name. A first name or middle initial helps the search, but the SSN is what drives the match.2Maryland Courts. Servicemembers Civil Relief Act (SCRA) – Section: How can a plaintiff prove that a defendant is not in the military service?
Verification is typically done through the Department of Defense Manpower Data Center (DMDC) website. The portal returns a report stating whether the person is currently on active duty, and if so, the branch. If there’s no record of active service, the report says the system has no information indicating military service. That report is the documentation that supports the statements in your affidavit.2Maryland Courts. Servicemembers Civil Relief Act (SCRA) – Section: How can a plaintiff prove that a defendant is not in the military service?
How to Prepare and File It
Many courts provide pre-printed affidavit forms that walk you through the required statements. You sign the document affirming the information is true to the best of your knowledge. If you cannot determine the defendant’s military status, the affidavit must say so rather than claim one way or the other.1Office of the Law Revision Counsel. 50 U.S.C. § 3931
Most jurisdictions require the signature to be notarized. Federal law also permits unsworn declarations signed under penalty of perjury in place of a sworn affidavit, subject to the court’s rules.3Government Publishing Office. 28 U.S.C. § 1746 Once signed, file the affidavit with the court. The judge will not consider a default judgment until it’s on the record.1Office of the Law Revision Counsel. 50 U.S.C. § 3931
If the Defendant Is on Active Duty
Finding out the defendant is in the military doesn’t end the case, but it changes what the court can do next. When a defendant is confirmed to be in military service and has not appeared, the judge must appoint a lawyer to represent them before a judgment can be entered. The protection covers active-duty members of the U.S. military, the National Guard, and commissioned officers in certain federal agencies.1Office of the Law Revision Counsel. 50 U.S.C. § 3931