The Non-Military Affidavit: The Basics

by | Jul 24, 2012 | Legal Advice

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In the United States, a great deal of effort is placed on protecting the rights of and respecting those who serve in the U.S. military. This is why many different laws and regulations have been passed in the United States, all aimed at protecting military men and military women and to show them the respect they deserve for serving their country. While there are many different ways that servicemen and service women are protected in the United States, one of the biggest ways came with the Servicemembers Civil Relief Act, which helps protect the information and rights of those who are currently serving in the United States military.

One of the most important legal documents involved with this act is known as a non-military affidavit. In basic terms a non-military affidavit or an affidavit of non-military service, is a legal document that acts as a sworn statement stating that, to the best of a person’s knowledge, a person you are taking legal action against is not in the military. This document is similar to military affidavit which is a legal document that officially states an individual is currently serving in the United States military. The reason that a military or non-military affidavit is an important document to have is because in the United States you may not enter a default against a person currently active in the military. If you do not have a non-military affidavit then a judge in the United States will rarely allow a default to be entered.

This is the primary way that a non-military affidavit is used and it, along with the military affidavit, was created with the privacy and rights of military members in mind. In order to get a military affidavit you must be certain that the person you are entering default against is not in the military so you need to have legal documentation that they are not. Typically people who look for this information are landlords who are looking to evict tenants, although there are many other legal matters where this may be necessary.

When you need to prove that a person is not an active military member in order to fill out a non-military affidavit, you may go directly to the Servicemembers Civil Relief Act Centralized Verification Service and get this information through their website. The good news is you can use their centralized verification service right online which will make the process easier and faster. Because the act was put in place to protect military individuals, the right information must be presented, such as social security number or, alternatively, addresses, date of birth, and/or known relatives or associates to find out if this person is currently any active service member of not.

The Servicemembers Civil Relief Act Centralized Verification Service is a division of D.C. Registered Agent, Inc. and offers military verification to people who need non-military affidavit.

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