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. However, more fact may be required by your local attorney. If you are in Las Vegas, you are welcome to send your questions regarding Chapter 7, or 13 to Attorney Malik Ahmad at Malik@lasvegaslawgroup.com or www.fastbankruptcynevada.com or by calling (702) 270-9100. In many cases, we do not charge initial consultation fee.
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 is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
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
The DMDC website you get the certificate from is
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
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.