Dc418 2025

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The document is an affidavit related to a default judgment under the Servicemembers Civil Relief Act in Virginia. It includes statements regarding whether the defendant is in military service, procedures for determining this status, and provisions for appointing counsel if necessary. The affidavit must be sworn by the affiant and includes sections for court use, including potential stays of proceedings and appointment of counsel.

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What is a default in the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (SCRA) and state laws protect you from default judgments while you are on active duty for the U.S. Military. A default judgment is when a judge makes a final decision in a case (a judgment) because you did not respond to the lawsuit by the deadline.

What does SCRA not cover?

Reservists or National Guard personnel not in an active-duty status are not covered under the SCRA. Also, the statute does not protect retired personnel. Servicemembers who may fall under the SCRAs protections, may lose those shields due to the servicemembers own misconduct.

What is the Service Member Relief Act in Virginia?

Veteran borrowers called up to active duty may be able to request relief pursuant to the Servicemembers Civil Relief Act (SCRA). SCRA is intended to ease the economic and legal burdens on military personnel during their active service.

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

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 are SCRA violations?

The US Department of Justice (DOJ) enforces the SCRA and can pursue action against a lender who even attempts a violation, such as charging above 6% interest or initiating a vehicle repossession. The first SCRA violation incurs a fine of $55,000. For repeat violations, the penalty rises to $110,000.

What is the 6% rule in SCRA?

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C., Section 3937, sets a six percent (6.0 %) per annum ceiling on interest charges (including service charges, renewal charges and fees) during the period of a servicemembers military service for obligations made prior to the date of entry onto active duty when the

What are the penalties for noncompliance with the SCRA?

Furthermore, the DOJ may force the company or lending institution to return money or property to the servicemember. They may also have to pay fines for the violation. These civil penalties can be staggering $55,000 for the first violation and $110,000 for subsequent violations.

Dc418 2025

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