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What is an affidavit required by the Servicemembers Civil Relief Act?

To file this lawsuit, you must go to the General District Court Clerks office. Ask for the proper court form. To sue for money, fill out a Warrant in Debt. Even though this court form is called a warrant, it is not used in a criminal case. It is used in a civil (non-criminal) case.

What does affidavit as to military service mean?

An Affidavit of Military Service is required in every case where the Defendant has not filed an answer or appearance. The purpose is to protect the men and women serving in the U.S. military from having a court judgment entered against them without first receiving notice of the lawsuit and a chance to defend the case.

What is a Servicemembers Civil Relief Act affidavit?

provides that in any civil action or proceeding in which a default has been entered by the Court the plaintiff is required to file an affidavit stating whether or not the defendant is in the military service and [show] necessary facts to support the affidavit. In order to better comply with the requirements of the

What documents are required for SCRA?

Examples of documentation we may request include: Call to Active Duty orders. Recall to Active Duty orders. Statement of Service (must be signed by Commanding Officer) Leave and Earnings Statement. Certified Letter signed by the Commanding Officer.

What does the Servicemembers Civil Relief Act require?

There are three primary areas of coverage under the SCRA: (1) protection against the entry of default judgments; (2) stay of proceedings where the servicemember has notice of the proceeding; and (3) stay or vacation of execution of judgments, attachments and garnishments. 50 U.S.C. app. 521, 522 and 524.