When it comes to summoning specific individuals or a party to a court or suing someone for a case, you must procure multiple documents.
These documents can vary depending on their military status. An Affidavit of Non-Military Service is one of those documents you may need to provide as everyone must go through the proper process according to federal and the State’s law.
An Affidavit of Non-Military Service may also be known by different names, such as a military affidavit, Affidavit under the Servicemembers Civil Relief Act, or SRCA affidavit. While they may have other words, they serve the same purpose.
Even though this article refers to an Affidavit of Non-Military Service, the contents of the affidavit may vary. The testimony may say that the person IS on active duty, or it may say that the person has recently retired, or that there is insufficient data available to run an SCRA Verification (called an “Affidavit of Due Diligence”).
Do you need to secure an Affidavit of Non-Military Service?
The law protects persons active in the military and others under the Servicemembers Civil Relief Act (SCRA). The act was made to avoid distracting the men and women serving in the military.
This means that suing someone on active duty has its complications. Thus, if you must sue an individual, you’ll need to prove that they are not in active military service and entitled to protections under the SCRA.
This is where the Affidavit of Non-Military Service will come in. The affidavit will prove that the person you are suing or having summoned in court is not on active duty. You must prove they are people who are not protected under the SCRA.
You’ll need to secure this affidavit in multiple situations besides disputes or court judgments, such as domestic relations, foreclosures, or evictions. They will require you to possess other documents concerning the affidavit, depending on your case and the gravity of the situation.
It is possible to secure the Affidavit on your own. Many court clerks have these forms avalable; however, it will take a lot of time and effort. Especially as you’ll need to verify the information yourself through resources, you will need to find it yourself.
Different SCRA State Laws
The SCRA is a federal law and applies to all States. No State can change from the federal minimum standards; however, some states have added additional protections for the people in military service – in effect an overlay of additional protections. You will need to understand your SCRA state laws and be wary of additional modifications from the original federal SCRA.
In California, Arkansas, and Arizona, for example, their act extends to members of the National Guard. Meanwhile, Florida has a different approach for servicemembers with mortgage obligations.
Some States will have similar amendments, while others may be contrasting. the SCRACVS would have records of each state’s laws for various requests.
Using the SCRACVS
Now that everything can almost be done digitally, you can get your affidavit of non-military service through the Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS).
The SCRACVS will help you determine if the SCRA protects the person you call into court. They’ll search its names through databases to determine the contested party’s current military status.
They are set up to issue affidavits of active service or an an Affidavit of Non-Military Service. If the data bases reveal no information, they can also issue Affidavits of Due Diligence.
When you have a request, simply search SCRACVS on their website to process your request. A request will usually take 24 hours to provide the information you need and supply the affidavit for your use.
What you’ll need
Before your request can proceed through the SCRACVS, you will need to give some personal information, such as the name of the person you’re seeking. They will need identification or any other information you can provide them to search the party.
If you can obtain it, you can provide the social security number of the subject in question. This will search faster and easier for the system to find. However, if you cannot acquire their social security number, then any personal information will do.
Alternatively, you can provide them their name, address, number, businesses the subject is associated with, license numbers, vehicle tag numbers or VINs, or other names of family members.
If you need a specific date in the past for the affidavit, you may include this in your request. For example, you can request their status in the previous years. Doing so without this will have them verify the military status of the subject of the day it was requested, which would be their current active status.
To proceed with your request or for other inquiries regarding your request, you will need to register on the SCRACVS website and get in touch with the personnel from the group. Fill in the required details when writing, and you’ll be set to make your requests. The costs are per-search (with a surcharge for a notarized affidavit).
How much are the fees for requesting an Affidavit of Non-Military Service?
To continue your request for an Affidavit of Non-Military Service, you will need to pay around $40 per search plus $30 for the affidavit.
You can get batch discounts if you process more than 750 verifications monthly and supply social security numbers. The discount is just for the search. Each affidavit will cost $30 for SCRACVS to create.
Consequences of not providing an Affidavit of Non-Military Service or following the SCRA.
Failure to follow the law of SCRA, and going through processes that ignores the act, may result in fines or order against you. The SCRA even provides for jail time for some violations. And failures to abide by the law can hurt our valuable servicemembers and create a public relations nightmare. This is why it’s vital to ensure the person’s military service status to avoid violating the law.
Though doing everything yourself is possible, it’s best to let professionals handle it to avoid any discrepancies in the documents you need to assemble and submit.