Why Do I Need an Affidavit of Due Diligence? Key Insights

There are cases wherein, despite all efforts, the active duty status of a military member cannot be determined. This is where you would need an Affidavit of Due Diligence.

What does this legal document contain, and what relevance does this have? We’ll discuss the significance of this document in a legal case and more.

What is an Affidavit of Due Diligence?

An affidavit of due diligence is a legal document submitted by a process server when they cannot locate an individual. This document details all the efforts made in hopes of finding that individual. In cases of military personnel, this affidavit is presented when a person’s military active status cannot be determined.

Why are Military Affidavits Important?

Some companies deal with military service members more than others, and there are instances where they encounter military personnel who didn’t pay their rent on time or are due to eviction. However, the Servicemembers Civil Relief Act (SCRA) prohibits them from acting, provided that the person involved was on active duty.

Moving forward to punish that person is a direct violation of the SCRA if that entity doesn’t secure a court order. That’s why conducting due diligence is vital to ensure that no stone has been left unturned.

While services such as SCRACVS exhaust multiple resources to determine one’s military status, there are instances wherein they cannot find enough information on that person.

This is where a military affidavit is needed. This document proved that the landlord or company exerted much effort in determining a person’s active duty status but has been unable to do so.

Securing a military affidavit is a testament to one’s commitment to following the law. They prove they have the right to push through with the eviction or whatever action they need to take.

When Do You Need an Affidavit of Due Diligence?

It would depend on the nature of the company or entity, but this is required when the person in question is known to be from the military. Let’s say that person missed paying mortgage payments on time for three consecutive months or failed to pay rent.

An affidavit of due diligence is required to showcase that the entity exerted efforts to provide evidence of that person’s active duty status but was unsuccessful.

Fundamentally, it would help if you had an affidavit of due diligence when you intend to take action on that individual but want to ensure that you’re following the law. The consequences for violating the SCRACVS can be steep, and this affidavit can spare you from the worst possible scenario.

What is Included in an Affidavit of Due Diligence?

The affidavit includes the person’s name and details presented by the entity that requested this document. An affidavit of due diligence details the efforts exerted to determine a person’s active duty status.

In compliance with the SCRA, this document stipulates all the databases and records checked to determine an individual’s military status.

When presented to a court, clients must ensure that the information in the document is accurate and complete. This document can serve as evidence that the entity is entitled to push through with whatever action it needs to take.

How To Acquire an Affidavit of Due Diligence?

This would depend on the person served. When the person in question is suspected to be a military personnel, it would be ideal to request an affidavit of due diligence from a service provider specializing in determining a person’s military status.

SCRACVS determines people’s active duty status by checking voting records, DMV records, and other pertinent resources. You can secure an affidavit from SCRACVS by signing up and requesting one today. You must supply all available information on that person to make this process easier.

Conclusion

The consequences of violating the SCRA can be unforgiving, especially for small businesses. The penalties are hefty, and there have been cases where the Department of Justice mandates that a business return the money it illegally collected from clients.

That’s where SCRACVS can step in and help them verify a person’s active duty status. Click here to sign up at SCRAVS and verify active duty status.

FAQS

Why is due diligence required?

A legal case involving a service member may require evidence that the defendant is an active duty service member. Due diligence proves that the entity filing against that person has exhausted various methods to determine that person’s active duty status.

What is the responsibility of due diligence?

Due diligence details all the steps taken to determine a person’s active duty status and, in some cases, their current whereabouts. This proves that the entity taking action is following the law.

What is checked in due diligence?

This would depend on the case’s circumstances, but in this scenario, the active duty status of a person suspected to be a service member is verified.