A court proceeding is difficult enough when the parties involved show up to the scheduled court dates. It is very difficult when one of the parties does not show up or communicate about the case at all. If a petitioner in a case is having difficulty getting the defendant to respond to the court, the judge may ask for a Non-Military Affidavit. The party that is communicating to the court will be responsible for obtaining this legal paperwork.
In certain circumstances such as if a person were getting evicted, sued or even sent divorce paperwork they may not be able to respond in a timely manner. The only acceptable reason that the courts see for not responding is if the person is serving in the military. Proving that the defendant is not in the military is not as easy as saying they are not. If this person is not in the military, the courts must see a Non-Military Affidavit showing this proof.
Anyone can verify or testify on behalf of the non-responding party with written consent in legal documents. Statements concerning how long you have known the person, if they have ever made comments about being in the military, if contact is made regularly and there is no evidence of being in the military is one way to prove an affidavit.
If such written consent is not available by any party, there are ways to get the information from the federal government if you have the defendant’s social security number. The Department of Defense can be contacted either through the Internet, fax, phone or physical mailing address. Any of these contacts will be able to respond in the same manner with confirmation or denial of military service.
If the social security number is not known about the defendant, there are still options. You must supply as much information as possible such as birth date, first, last and middle name is helpful to get information as soon as possible. Since a judge or court is mandating that you supply this affidavit then you should face little opposition in obtaining the information you need to prove that a person was not in the military or is not current serving in the armed forces.
Active duty military search and certification for SCRA. Servicemembers Civil Relief Act Central Verification Service provides verification of active duty military status with or without social security number.
