Soldier's and sailor's civil relief act. In a case of eviction , how does that apply? if the tenant is not a soldier

Asked about 1 year ago - Hollywood, FL

if tenant is not a soldier or sailor or not a member of the US government, do i need to serve him with a copy of the affidavit? how do i even know the tenant is a civilian or not a civilian ? how that affidavit apply in an eviction case.

Attorney answers (5)

  1. Will Murphy

    Contributor Level 15

    4

    Lawyers agree

    Answered . Among other ways it comes up is when you ask for a default. There is a website where you can search for whether a particular person is in the US armed forces.

    There is no substitute for the professional advice of an attorney who knows your case and represents you. My post... more
  2. Malik W. Ahmad

    Contributor Level 13

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Soldiers Act or SCRA is only applicable if the particular individual was in active duty in the last 90 days prior to the commission of an act. If your defendant is one within the meaning of SCRA, he would take that defense, if not, then you win the case based on the merit. The other person's obligation is to inform you of such status and it is not your duty to find if someone was on active military duty or not.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
  3. Carol Lynne Zimmerly

    Pro

    Contributor Level 19

    Answered . I agree with the other lawyers' answers as to where to get the certificate.

    Yes, you do need to mail a copy of the affidavit and the certificate to the defendant.
    When you file a paper with the clerk of courts, you always have to mail a copy to all other parties to the lawsuit. You should mail it the same day that you file it with the clerk of courts, or if the post office has already picked up for the day, make sure it goes in the very next day's post.

    Good luck.

  4. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . There is a data base that run a search if you have some vital statics such as date of birth or social security number, then you file affidavit with your default that your defendant is not in the service

  5. Kelvin P. Green

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The DMDC website you get the certificate from is

    https://www.dmdc.osd.mil/appj/scra/

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more

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