Non Military Affidavit Template for the United States

When pursuing a civil case in the United States where the defendant has failed to appear or respond, you cannot simply proceed to default judgment. Federal law requires you to first verify the defendant's military status through a Non Military Affidavit, a critical document that protects service members' rights while allowing legitimate court proceedings to move forward.

When do you need this document?

You must file a Non Military Affidavit before obtaining any default judgment in civil court proceedings. This requirement applies to foreclosure actions where homeowners haven't responded to the lawsuit, debt collection cases where defendants fail to appear, landlord-tenant disputes involving non-responsive tenants, and divorce proceedings where a spouse cannot be located or fails to respond. The document is also necessary in contract disputes, personal injury cases, and any other civil matter where you're seeking a default judgment against an absent defendant.

Key legal considerations

The affidavit must contain specific elements to be legally valid. You must provide the defendant's full legal name and any known identifying information, clearly state whether the person is or is not currently in military service, and describe the method used to verify military status. The verification must be conducted through the Department of Defense's Defense Manpower Data Center (DMDC), and you cannot rely on personal knowledge or assumptions. If you cannot definitively determine the defendant's military status, you must state this uncertainty in the affidavit. Filing a false affidavit can result in serious legal consequences, including perjury charges and invalidation of any judgment obtained.

Legal requirements in United States

Under the Servicemembers Civil Relief Act of 2003, federal law mandates this verification process in all states. The affidavit must be notarized and filed with the court before any default proceedings can commence. State civil procedure rules may impose additional requirements, such as specific formatting or filing deadlines. You must access the DMDC database or use an approved military status verification service, and the verification must be current within a reasonable timeframe before filing. If the defendant is found to be in military service, you cannot proceed with the default judgment and must follow SCRA procedures for serving military personnel. Courts will not accept affidavits based solely on internet searches, social media checks, or other unofficial verification methods.