Affidavit of Non-Military Service
Certify under oath that a defendant is not on active duty in the U.S. military before a court will enter a default judgment against them. The Servicemembers Civil Relief Act (50 U.S.C. § 3931) requires this affidavit in civil cases — including evictions, foreclosures, and debt collection — where the defendant has not appeared.
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Download Blank TemplateAffidavit of Non-Military Service Affidavit — Frequently Asked Questions
Why do I need an affidavit of non-military service for a default judgment?
The federal Servicemembers Civil Relief Act (50 U.S.C. § 3931) prohibits courts from entering a default judgment in any civil case until the plaintiff files an affidavit stating whether the defendant is in military service. The law protects active-duty servicemembers from losing cases they could not appear in, and courts routinely reject default judgment requests that lack this affidavit.
How do I verify that someone is not in the military?
The standard method is the Department of Defense's free SCRA website (scra.dmdc.osd.mil), operated by the Defense Manpower Data Center, which issues a certificate of the person's active-duty status. You generally need the person's full name and either their Social Security number or date of birth, and courts commonly expect the certificate to be attached to the affidavit.
How do I make a affidavit of non-military service affidavit legally valid?
Fill in the affidavit of non-military service affidavit, print it, and sign it in front of a Notary Public — do not sign beforehand. Bring a valid government-issued photo ID. Notaries are available at UPS Stores, banks, law offices, courthouses, and through online notarization services, and fees typically range from $2 to $25 per signature depending on your state.
Is this affidavit of non-military service affidavit template free?
Yes. You can generate a completed affidavit of non-military service affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.