To get a nonmilitary affidavit in Florida, you must comply with Florida state laws and requirements. What are these laws and requirements, and how do you get Florida nonmilitary affidavits? If you engage the services of the right agency to help you — one with experience in federal and military rules and regulations — it’s easy.
If an individual or business plans to file suit against a debtor, they must be sure this person is not on active duty in the military, or in some cases, was not active at the time the debt was incurred or the contract was signed. This is a federal law is the Servicemembers Civil Relief Act. The act protects servicemembers from litigation when they are deployed and consequently unable to respond properly, if at all.
Florida Courts Require Nonmilitary Affidavits
If a defendant does not show up for a court date in Florida, in order to move forward, the plaintiff must submit an “Affidavit of Military Service”, also known as a nonmilitary affidavit, or an SCRA Affidavit. A default judgment awarded without this document can result in courts levying fines and other penalties on the person who brought the suits.
In order to ensure SCRA compliance, Florida courts require proof that the litigant has checked the defendant’s military status. If you do not provide proof of no military duty, the courts will generally require you to appear. Plus, the court may take action to protect the person. Even if a court does not require one, an affidavit is a helpful document to have. An affidavit shows the plaintiff has done his or her due diligence.
Once Florida courts have a nonmilitary affidavit proving the defendant is not on active duty, your case can move ahead. If you discover that he or she is on active duty, you can still pursue your case. But you must follow a different path and get a court order first.
Even starting the process of foreclosure without a nonmilitary affidavit could result in problems, including finds, under the SCRA. In Florida in particular, if the servicemember entered into the mortgage before deployment, mortgage holders cannot foreclose without a court order. Without a court order, the process cannot start until at least 90 days after the end of the servicemember’s deployment.
How to Get Florida Nonmilitary Affidavits
Not procuring active-duty status verification can spell trouble for banks, lenders, landlords, car dealerships, and anyone who does business with military personnel. Getting a nonmilitary affidavit can be confusing and time-consuming. But you can use a service that can get you the documents you need, usually within 24 hours.
Some courts may have their own, specific form of military affidavit. For example, the Thirteenth Judicial Circuit for Hillsborough County has its own military affidavit form. We keep a library of these local affidavit forms here on our site. You can select a local court form in a drop-down box. Our goal is to keep this forms library of local courts’ affidavits and certificates up to date. If you find that our drop-down box of forms is missing your local form or has an out-of-date form, send us a .pdf of the form you would like us to add. By doing so, you will be doing yourself, other users, and us a great favor. Note that you need to be registered and logged in to click on the link. Registration is free.
If you are planning to file suit against someone in Florida, depend on SCRACVS for Florida nonmilitary affidavits. It will make the process infinitely easier.
