Military Affidavit Indispensable For All Civil Actions

Following proper protocol is a must in the military, and there are instances wherein one needs to present a military affidavit. What is this affidavit, and what purpose does it serve? We’ll provide some clarification in this article.

What is a Military Affidavit? 

A military affidavit is a legal document that shows one’s active duty status. This document contains pertinent details such as your name and birthdate. It also confirms if you’ve rendered military service in the Air Force, Marine Corps or other branches.

Affidavits are essential for civil proceedings, particularly when you’re attempting to activate your rights under the Servicemembers Civil Relief Act (SCRA). Your military service or public health service can spare you from default judgment and other legal consequences.

Types of Civil Actions Requiring Military Affidavits

You must prove your military status in various scenarios, including meritorious defense in monetary judgments, divorce proceedings, eviction cases, and other civil matters. The protections afforded to service members permit them to focus on military duties because serving the nation can affect a servicemember’s ability to fulfill certain obligations on time.

What if a Service Member Can’t Appear in Civil Proceedings?

If a service member doesn’t activate their SCRA rights, they risk losing in civil proceedings. The consequences can be severe. They can get an unfavorable judgment as a result.

Active duty service can make it challenging for service members to appear in civil proceedings. The Servicemembers Civil Relief Act spares them from default judgments and allows them more time to prepare for these cases.

Through the SCRA, service members have a better chance of getting a favorable verdict in civil cases. Being materially affected by the line of work won’t be taken against them. While the SCRA can spare military members from the backlash of civil proceedings in certain circumstances, they must prove they’re rendering active duty.

How does the Servicemembers Civil Relief Act Protect Service Members?

The SCRA permits a military defendant to delay or stay a civil action for at least three months. In select cases, this delay can be extended, and it would depend on the service member’s situation. The civil case can only proceed if there is a court order.

While a delay in proceedings doesn’t guarantee a favorable result for military members, it gives them a better fighting chance. It gives military personnel more time to gather all the evidence they need to present a stronger case.

Where Can I Get a Military Affidavit? 

There are several legal services that can help you secure an affidavit. If the SCRA applies to your case, you should get the service of a provider that specializes in military-civil cases, like SCRACVS. We provide fast and efficient military verification.

Navigating Through Civil Actions as a Military Member

It can be challenging to go through a civil proceeding while serving the nation. If you’re facing civil legal trouble, you should consider following these tips:

1. Ask for legal assistance: Your military base has legal resources you can consult with if you’re facing a legal matter. You can seek the best advice to navigate your situation.
2. Seek advice from the military community: Don’t be afraid to ask other service members who may have undergone similar cases. They can provide good insight into the best steps moving forward.
3. Be honest about your situation: You should be transparent about your situation at work and with your friends and family. If you’re facing legal troubles, their support can help you immensely.

Conclusion

A military affidavit can spare you from a lot of headaches and legal issues. That’s why you need a trusted supplier like SCRACVS. Click here to sign up at SCRAVS and verify active duty status.

FAQs

Can a military affidavit delay civil proceedings? 

Yes, a military affidavit can help delay civil cases as stipulated in the SCRA. This is why service members should be proactive in activating their federal rights.

How long does it take to get an affidavit?

It would depend on the service provider. SCRACVS takes an average of one business day to process requests as long as you have all the necessary information.

Is it expensive to get a military affidavit? 

Not necessarily, but it depends on the supplier you’re getting. A trusted supplier is transparent with the pricing, so you know the pricing.

Are military affidavits required for all types of civil cases?

Not necessarily, but you might have to show them if you want to delay proceedings. If you’re ready to show up and defend your case, you don’t need one.

Can a court proceed with a case if the defendant’s military status is unknown?

Yes, this affidavit would have helped the service member have more time to defend themselves. However, if they don’t present an affidavit, the case will proceed as it normally would.

What protections does the Servicemembers Civil Relief Act provide to active-duty military members in civil cases?

The SCRA allows service members to delay civil cases, and avoid default judgment. This means they have more time to present a stronger case.