The Non Military Affidavit is mandated by the Servicemembers Civil Relief Act (SCRA) in the United States to protect active-duty service members from default judgments in civil proceedings. This document must be filed in civil court cases where the defendant has not appeared, and it verifies that the defendant is not currently serving in the military. The affidavit requires verification through the Department of Defense's Defense Manpower Data Center (DMDC) and must be notarized. It's particularly crucial in foreclosures, collections, and other civil proceedings where default judgments may be sought.
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1. Title and Court Information: Identifying information for the court and case, including case number and jurisdiction
2. Affiant Information: Full legal name, address, and capacity of the person making the affidavit
3. Subject Information: Details of the person whose military status is being verified, including full name and any known identifiers
4. Verification Statement: Clear statement confirming whether the subject is or is not in military service based on verification results
5. Method of Verification: Detailed description of steps taken to verify military status, including date of DMDC search
6. Notarization Block: Formal section for affiant's signature, notary verification, and official seal
1. Additional Parties: Section listing information about other relevant parties when multiple defendants are involved
2. Supporting Documentation Reference: Section referencing attached evidence and verification documents when required by court rules
1. DMDC Verification Certificate: Official printout from Defense Manpower Data Center showing results of military status verification
2. Supporting Documentation Schedule: Collection of additional evidence showing attempts to verify military status, including any correspondence or search results
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