Non Military Affidavit Template for England and Wales

You need a Non Military Affidavit when pursuing civil legal action against someone who has not responded to your lawsuit. This federally mandated document protects active-duty service members from unfair default judgments by requiring you to verify their military status before the court can proceed with your case.

When do you need this document?

You must file a Non Military Affidavit whenever you seek a default judgment against a defendant who has failed to appear or respond in a civil case. This requirement applies across all types of civil proceedings, including mortgage foreclosures, debt collection lawsuits, eviction proceedings, and contract disputes. The affidavit is particularly critical in foreclosure cases where homeowners may be deployed overseas. You'll also need this document when pursuing garnishment orders, summary judgments, or any other court relief that could be granted without the defendant's participation. Courts will not grant default relief without proper military status verification.

Key legal considerations

The Servicemembers Civil Relief Act requires you to conduct a thorough search of military records before filing your affidavit. You must verify the defendant's status through the Defense Manpower Data Center, which is the official federal database for military personnel information. Your affidavit must include specific details about your verification method and the results obtained. If you discover the defendant is on active duty, you cannot proceed with a default judgment and must either wait for their military service to end or seek a court-appointed attorney for the service member. False statements in the affidavit can result in penalties and case dismissal. The document must be notarized and include your full legal name, relationship to the case, and the defendant's complete identifying information.

Legal requirements in United States

Federal law under the SCRA mandates that all courts verify military status before granting default judgments, making this affidavit a non-negotiable requirement. You must access the DMDC database within 30 days of filing your request for default judgment to ensure current military status information. State civil procedure rules may impose additional formatting and filing requirements, so you should verify local court rules in your jurisdiction. The affidavit must be signed under penalty of perjury and notarized by a licensed notary public. Some states require specific language or additional certifications beyond federal requirements. Military status verification must be based on official government records, not personal knowledge or assumptions. Courts may reject affidavits that lack proper verification documentation or contain insufficient detail about the search process conducted.