Default Judgment Protection
The SCRA requires a military status affidavit before any court enters a default judgment. The plaintiff must verify whether the defendant is in military service. Filing a false affidavit is a federal crime under §3931.
The Affidavit Requirement
Before any court enters a default judgment, the plaintiff must file an affidavit with one of three statements:
Defendant is in military service
The court must appoint an attorney before proceeding and may not enter default judgment until the appointed attorney has had an opportunity to represent the servicemember.
Defendant is not in military service
This statement must be based on actual verification. If the defendant is later found to be in military service, the affidavit is false, which is a federal crime.
Unable to determine military status
The court must appoint an attorney before entering default judgment. The court may also require a bond to protect the defendant's interests.
False Affidavit Is a Federal Crime
Filing a false affidavit of military status is a federal crime under §3931. This applies to eviction cases, foreclosure cases, debt collection cases, and any other civil proceeding where a default judgment is sought. The risk is not theoretical.
Court Obligations Under §3931
When the defendant is in military service or the plaintiff cannot determine military status, the court has specific obligations before entering any default judgment.
Appoint an Attorney
If the defendant is in military service and is not represented, the court must appoint an attorney to represent the servicemember before proceeding.
Stay of Proceedings
The court must grant a stay of at least 90 days upon request of the servicemember, the servicemember's attorney, or the court-appointed attorney.
Bond Requirement
When the plaintiff states they cannot determine military status, the court may require a bond to indemnify the defendant against loss if the judgment is later set aside.
Vacating Judgments
A default judgment entered against a servicemember may be reopened if the servicemember was prejudiced by military service in making a defense and has a meritorious defense.
Who This Affects
Any entity that files civil actions where a default judgment may be entered must comply with the affidavit requirement. This is not limited to creditors -- it applies to any plaintiff in any civil case.
Law Firms
Filing collection cases, foreclosure actions, and eviction proceedings on behalf of clients
Property Managers
Filing eviction actions against tenants who may be servicemembers
Debt Collectors
Seeking default judgments in collection cases
Banks & Credit Unions
Pursuing foreclosure or collection through in-house legal departments
Common Compliance Failures
Verified affidavits, every filing
Civrel ensures every default judgment filing is backed by a current DMDC verification, with a complete audit trail documenting when the check was performed and what it returned.
Pre-Filing Verification
DMDC verification before every filing. Current active duty status confirmed at the time the affidavit is prepared, not weeks or months earlier.
Verification Certificates
Timestamped certificate documenting the DMDC result. Attach to your affidavit as supporting documentation for the court.
Audit Trail
Complete documentation of who performed the check, when it was performed, and what the result was. Defense-ready if the affidavit is challenged.
Continuous Monitoring
Monitor for military status changes between filing and judgment entry. Alert if a defendant enters active duty after the affidavit was filed but before judgment is entered.
Frequently Asked Questions
What is an SCRA military status affidavit?
Under 50 U.S.C. §3931, before any court enters a default judgment, the plaintiff must file an affidavit stating whether the defendant is in military service, cannot determine the defendant's military status, or has determined the defendant is not in military service. This affidavit must be based on actual verification, not assumption.
Is filing a false affidavit a crime?
Yes. Filing a false affidavit of military status is a federal crime under §3931. This applies regardless of intent. If you state the defendant is not in military service without actually verifying through DMDC or another reliable source, and the defendant is in fact serving, the affidavit is false.
Do I need to check DMDC before every default judgment?
The statute requires an affidavit of military status before every default judgment. While it does not mandate DMDC specifically, DMDC is the authoritative source the DOJ uses. Verifying through DMDC before each filing provides the strongest defensible basis for your affidavit.
What happens if the defendant is in military service?
If the defendant is in military service, the court may not enter a default judgment until the court appoints an attorney to represent the servicemember. The court must also grant a stay of at least 90 days upon the servicemember's request or the appointed attorney's request.
Does §3931 apply to eviction cases?
Yes. Section §3931 applies to any civil action or proceeding where a default judgment may be entered, including eviction cases, debt collection cases, foreclosure cases, and any other civil proceeding. The affidavit requirement is not limited to a specific type of case.
How do I verify military status for court filings?
Verify military status through the Defense Manpower Data Center (DMDC), the authoritative federal database operated by the Department of Defense. Civrel provides direct DMDC integration and generates verification certificates that can be attached to your affidavit as supporting documentation.
See affidavit verification in action
Check if your default judgment process has SCRA exposure. 15-minute §3931 risk assessment.
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