SCRA Default Judgment: What You Need To Know

As most people know, active-duty military personnel are granted special perks. Among these benefits is the Servicemembers Civil Relief Act (SCRA). This federal law provides active-duty service members and commissioned officers from the Public Health Service or the National Oceanic and Atmospheric Administration with select legal and financial protections.

Among the most notable legal rights the SCRA provides is protection from default judgments in civil proceedings.

When can someone from the Air Force or Marine Corps activate legal protections like this? What is the proper protocol? We’ll dive deep into everything service members need to know about SCRA default judgment protections.

What is a Default Judgment?

Before anything else, it’s vital to explain what a default judgment is. This is a court order wherein one party is favored when the other party doesn’t respond. This judgment can be issued when the defendant doesn’t issue a formal response or makes a court appearance or when the plaintiff doesn’t reply to a counterclaim.

When this happens, the court makes a final decision about a case. The party that didn’t respond will have to face the consequences, which may mean paying penalties, legal fees, and interest. This decision is common in domestic proceedings but sometimes happens in corporate or consumer debt law.

What the Servicemembers Civil Relief Act Says About Default Judgments

The SCRA states that a court isn’t permitted to enter a default judgment until a lawyer is assigned to represent the active duty military personnel. That lawyer must have reached out to the service member to confirm if a meritorious or legal defense prevents them from showing up in the court proceedings.

Confirming a defendant’s military status and if a meritorious defense exists can take some time. That’s why the court is allowed to stay or delay proceedings for at least 90 days. The judge can extend this delay if needed. If it can be proven that the service member’s military service isn’t a valid reason for their non-participation in the case, a default judgment can be entered.

The SCRA also stipulates that a military affidavit must be presented before the default judgment can be entered. There should also be facts to support that statement.

It must be highlighted that SCRA protections apply to civil cases only. SCRA protections don’t apply to criminal proceedings. If an active duty service member is involved in a criminal case, the case will continue normally.

Moreover, protection from default judgments doesn’t automatically mean the military personnel wins the case or gets a more favorable decision. This law allows for a fairer civil trial because the service member’s commitment to the military would be considered in court attendance.

What Should a Military Affidavit Contain?

An affidavit is fundamentally a formal document stating all facts stated are true. The document one can secure from the Defense Manpower Data Center usually has an accompanying disclaimer stating the information shared may not be 100% accurate and may not be a reliable source for a court of law.

A military affidavit should state one of the following:

• The defendant is not part of the Armed Forces, whether as an active duty service member or reserve component.
• The defendant is an official member of the Armed Forces.
• The individual signing the document doesn’t know if the defendant is part of the Armed Forces but has done due diligence to determine the defendant’s military status.

The person filing the affidavit must be vigilant when submitting this document. The court may fine and even criminally charge people who submit false affidavits to court cases.

It’s vital to have this requirement handled by a professional service like SCRACVS. SCRACVS can help plaintiffs obtain military affidavits to spare themselves from the potential penalties of not conducting due diligence.

How Active Duty Service Members Can Get Default Judgment Protection

The good news is that service members can ask a judge to cancel a default judgment if their SCRA rights aren’t protected. If the service member was on active duty or within 60 days after leaving active service, they’re legally permitted to cancel the judgment. This request must be submitted within 90 days after leaving active duty service.

It’s not enough to simply file a request. The request should be accompanied by an explanation of how active duty service has affected the servicemember’s ability to participate in the civil action. There should also be a legal defense to the case.

Presenting evidence is vital for any SCRA protections, including that against default judgments. Evidence of military status may include one’s deployment orders, a letter from a commanding officer, or a military affidavit from SCRACVS.

Unlike other SCRA rights, protection from default judgments should be done proactively. One cannot assume they’re proactive simply because they’re out serving the nation. There is no single form or document that automatically covers all SCRA benefits.

Conclusion

If a military member would like a default judgment set aside, they need proof that they’re qualified for SCRA protections. This rule applies to all SCRA benefits, so service members and affected parties should confirm their military status. SCRACVS can help service members obtain proof of their military status as quickly as one business day. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What are the remedies against judgment by default?

The defendant can explore various options, including filing an appeal, seeking relief from the judgment, filing a special civil action for certiorari, motion for reconsideration, or having the judgment annulled. An active duty service member is given the choice to have default judgment canceled through their SCRA rights.

What are the requirements for SCRA notice?

An SCRA notice must include the military personnel’s deployment orders clearly stating their service duration and written notice specifying which SCRA protection they would like to activate. The business or court receiving this request must routinely check if that person is still eligible for SCRA protections.

What kind of cases does the SCRA protect from default judgments?

The SCRA protection on default judgments applies to civil proceedings. Civil cases include but are not limited to divorce proceedings, child custody hearings, and bankruptcy cases. The SCRA doesn’t apply to criminal cases.

What is the federal rule for default judgment?

A default judgment may be entered into by the clerk or by the court. The decision will detail the consequences for the defendant, but they don’t have to accept this verdict automatically.

How do I know if I have a default judgment against me?

You can verify through your local court records or visit the courthouse in person. The former option can be done online, but either way, you must check the default judgments to see if you’re listed in any cases.