What Are Maryland Nonmilitary Affidavits and Where to Get Them
When you file a lawsuit in Maryland, you may eventually have to secure a non-military affidavit. This legal requirement can spare you from potential fees or further legal troubles.
What is it, and what’s its purpose? This article can give you a better idea of how to proceed in the state. If you suspect someone of being a military member, familiarization with this requirement can help you handle matters legally.
Contents [hide]
What is a Nonmilitary Affidavit?
A non-military affidavit is essentially a sworn statement declaring that, to the best of your knowledge, the defendant is not a service member. This document proves you’ve done due diligence and can legally pursue your case. The court won’t accept a default if you don’t have an affidavit.
What is the Significance of a Military Affidavit in Maryland?
In Maryland, a military affidavit is required to prove one’s active duty status. This legal document can be used in a circuit court to enforce one’s rights under the Servicemembers Civil Relief Act (SCRA).
When a defendant doesn’t appear before a circuit or district court on their assigned date in Maryland, or if they’re served with legal papers but don’t appear in court, the plaintiff must file a military affidavit.
This affidavit can be seen in the “Request for Order of Default,” in compliance with Maryland Rule 2-613. People who attempt to get a judgment against service members or present a false affidavit risk getting fined.
The SCRA federal law mandates courts in Maryland to ask for evidence that a plaintiff had verified one’s military status. Some plaintiffs cannot prove that the person they’re suing is not part of the Armed Forces or covered the SCRA. In such cases, the courts will halt proceedings unless an affidavit is secured. The court may even choose to help the defendant, which is why conducting due diligence is vital.
Non-military affidavits can help cases push through because they verify that one conducted due diligence to prove someone isn’t on active duty. They can still pursue the case with a court order. The court determines whether the trial moves on.
Active Duty Impact on SCRA
The SCRA can be incredibly helpful to service members with legal and financial problems. It can spare them from eviction, immense debt, default judgments, and repossession. However, before the SCRA protection can be enforced, proof of active duty service must be provided. No single document grants one SCRA protection.
A service member must proactively request SCRA protections for each institution with which assistance is needed and prove they’re eligible for them. One must provide proof for each request, which may be taxing but worth it.
Likewise, it is the landlord or company’s responsibility to verify if the person they’re dealing with is eligible for SCRA protections. SCRA rights are only valid for specific periods, so checking a person’s eligibility is essential to guarding one’s interests.
Where Can I Get Proof of a Defendant’s Military Status?
If you’re dealing with a potential service member as a landlord or business owner, you need to conduct due diligence and confirm if they’re rendering active duty service. SCRACVS can help registered users obtain proof of military status as quickly as one business day.
When Are Nonmilitary Affidavits Required?
Non-military affidavits are required when a plaintiff sues someone suspected of being an active duty service member or covered by the SCRA. This document proves that the plaintiff conducted due diligence to prove they researched whether the SCRA covers the person.
Consequences of Failing to File a Nonmilitary Affidavit
The SCRA may not warrant jail time for violators. It won’t cause a significant dent in your permanent records. However, the fines can be expensive. Moreover, others might hesitate to do business with you because you’ve violated the law.
Depending on the case, the SCRA can set companies or landlords back thousands to tens of thousands of dollars. While the amount may not be a big deal for big companies, it can be taxing for small business owners.
The Department of Justice determines how much a violator is charged. This amount is determined on a case-to-case basis, but in general, the more people involved in the case, the larger the amount a violator can expect.
Conclusion
Securing Maryland nonmilitary affidavits is necessary to avoid legal trouble, so you must get one from a trusted supplier. SCRACVS can help you get the evidence you need to proceed with your case. Click here to sign up at SCRAVS and verify active duty status.
FAQs
Do affidavits have to be notarized in Maryland?
Yes, affidavits must be notarized to be legally binding. Notarizations are proof that you’re willing to proceed with the transaction.
What is the affidavit judgment rule in Maryland?
This type of judgment means that the creditors have evidence that the defendant owes them money. It is reserved for cases involving less than $30,000.
What happens after a default judgment is issued in Maryland?
The defendant will have 30 days to explain why they didn’t respond to the initial complaint or why the case shouldn’t proceed. If unanswered, the hearing will become uncontested.
What should I do if I can’t determine the defendant’s military status in Maryland?
You need to secure a non-military affidavit to show that you’ve conducted due diligence. This can help you avoid SCRA violations.