SCRA is an acronym for the Servicemembers Civil Relief Act. The law was previously known as the Soldiers and Sailors Civil Relief Act of 1940, and has a long history dating back to the Civil War era.The law was designed to protect military service members, and their families, during active duty deployment.
An Affidavit of Non Military Service is a sworn statement that says an inquiry was made to determine if a person is currently in active duty military service.
All courts require that before any Default Judgment or Judgment is entered against a person, you must make an inquiry to determine if the person is in active military service, and under the protections of SCRA.
Generally, the Non Military Affidavit can be prepared and submitted based on personal knowledge of the person the judgment is being entered against. The person who submits the Affidavit of Nonmilitary Service assumes all the liability for making the sworn statement.
A Non Military Affidavit can also be prepared after an inquiry, or SCRA investigation. In this instance, the Affidavit of Non Military Service is prepared by a licensed private investigator, who also assumes the liability for setting forth results of the SCRA inquiry.
SCRA extends to the residential foreclosure process too. In fact, since the default and foreclosure process takes many months to complete, two inquiries might be required to ensure accuracy of the non-military status.
Penalties for violation of SCRA are severe. Willful violation can result in criminal charges, and a $55,000 civil penalty can be imposed for a first-time violation of SCRA.
Do you believe you or your family member's SCRA rights were violated by a creditor? Is your company or agency in compliance with SCRA? If you have questions, please call us for a free consultation at (877) 746-2569.
We conduct a full investigation (and not simply an online record check) to ensure that your subject is not under the protections of SCRA. This includes independently developing a social security number for your subject, and verifying the number belongs to them. From there, we use a variety of resources to determine if the subject is in active duty military service.
If you do not have the full social security number and date of birth for your subject, we can help develop those items.
After our investigation is completed, we provide you with an Affidavit of Non Military Service in pleading form for use at court, or the Affidavit can be Notarized and used as a stand-alone document. We can also execute any local court forms that you supply.
Costs: Our standard fee for an Affidavit of Non-military Service is $125 per subject; an extra $10 if notarization is required.