Affidavit Of Non Military Service Template for the United States

When pursuing a default judgment against a defendant who has failed to respond to your lawsuit, you must first confirm that they are not protected under the Servicemembers Civil Relief Act (SCRA). The Affidavit Of Non Military Service is your sworn statement to the court that the defendant is not on active duty, letting the court proceed with your case.

How do you get a free affidavit of non-military service?

You can create this affidavit free with GenieAI. Answer a short set of questions about the case and the defendant, and the template fills in the language courts expect, so you get a document ready to notarize and file. If you need help while filling it out, you can reach the GenieAI team by email at any time. For related sworn statements, see the full affidavit templates collection.

What does a sample affidavit of non-military service look like?

A sample affidavit follows a consistent structure. Reviewing one before you start helps you understand what the court expects and where each detail belongs. The document typically includes:

• The court caption, case number, and parties, matching the underlying lawsuit.
• The affiant's name, address, and relationship to the case.
• A statement that the defendant is not on active duty, foreign or domestic.
• The date the Department of Defense database was checked and the search results referenced or attached.
• A signature block with the affiant's signature and the notary's seal and commission details.

When do you need this document?

You need this affidavit in any civil proceeding where you're seeking a default judgment because the defendant hasn't appeared or responded to your lawsuit. This includes debt collection cases, foreclosure proceedings, eviction actions, divorce and family law cases, and contract disputes. The SCRA covers both federal and state courts, so the verification applies before any default judgment can be entered. Without this properly executed affidavit, the court cannot legally grant your request for a default judgment, no matter how strong your case may be.

Key legal considerations

Your affidavit must contain specific elements to be legally sufficient. Identify yourself as the affiant and give your relationship to the case. Include the defendant's full name, last known address, and any other identifying information available. Most importantly, detail how you verified the defendant's active-duty status, including the date you checked the Department of Defense database through the SCRA website. False statements in this affidavit are made under penalty of perjury and can carry serious legal consequences. If you later find the defendant is actually a servicemember, notify the court at once, since you may otherwise face sanctions for improper service or proceedings.

Legal requirements in the United States

Federal law under the SCRA calls for this affidavit in all default judgment proceedings across the United States. Check the official Department of Defense database within 30 days before filing your motion for default judgment. The affidavit must be notarized by a licensed notary public and carry the notary's seal and commission information. State courts may add formatting rules or a specific form. Some jurisdictions ask you to attach a printout or screenshot of the DoD database search results as supporting proof. If you cannot determine the defendant's military status from the database, the court may appoint an attorney to represent the defendant's interests before your case moves forward.

How long does it take to complete?

Most people finish this affidavit in a few minutes once they have the defendant's full name, last known address, and the date they ran the DoD database check. The time-consuming part is the database search itself and getting the finished document notarized, so run the SCRA search first and have a notary lined up before you draft. If a question comes up, contact the GenieAI team for help by email rather than delaying the filing.

Frequently asked questions

Do I need to register on the DoD website to run the search? Yes. The Defense Manpower Data Center requires you to create an account before you can run a single-record search, so start that process ahead of your filing deadline.

How much does the template cost? Drafting the affidavit with GenieAI is free. Notary fees and any court filing costs are separate and set by your notary and local court.

What identifying information do I need about the defendant? The DoD search works best with the defendant's Social Security number or date of birth, plus their full name. Note that a name-only search may return an unverified result, which some courts will not accept.