What is the best or easiest way to figure out if someone you are suing is not a dependant on someone in the Military? Obv asking them straight up is out of the question.
I guess I'm confused as why this matters. SCRA applies to Service members and not dependents...
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SCRA covers all Active Duty servicemembers, Reservists and the members of the National Guard while on active duty.
The basis for this question would help with determining what information may already be available to effect this. The information would not appear to me to be relevant to any legal issues.
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Short of asking them, there is no way to verify and unless its relevant to the facts in a case, its not information you would legally need.
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Dear New York Plaintiff or Petitioner:
New York City Civil Court requires an affidavit of Military Status when a plaintiff or petitioner makes an application for a default judgment. This is due to SCRA and the continued call to active duty military service that may take a person away from home or business on short notice, even during a case where the defendant or respondent appeared. In Housing Court matters, the requirement extends to the respondents named as John Doe and Jane Doe.
In fact, when conducting the Military Service Investigation, directly asking the defendant or Respondent, is the first listed method of a hierarchy as presented by the NYC Civil Court. https://www.nycourts.gov/courts/nyc/civil/judgments_self.shtml#nonmil
Read the Civil Court Directive at the link at Non-Military Affidavit.
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