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Default Judgments and Servicemembers: Why Courts and Creditors Must Verify Military Status
The defendant never answered the complaint. The deadline came and went, and the motion for default judgment looks like paperwork. But what if that silent defendant sits on a ship in the Pacific or at a forward operating base overseas? Federal law treats that silence very differently, and it places the burden of finding out squarely on the plaintiff.
The Servicemembers Civil Relief Act (SCRA) bars any court from entering a default judgment until the plaintiff files a sworn statement about the defendant’s military status. Lenders, landlords, towing operators, and collection attorneys who treat this step as a box to tick expose themselves to reopened judgments, federal lawsuits, and possible criminal liability. That is why checking military status belongs at the very start of any default judgment workflow, before anyone drafts the motion.
TL;DR: Under 50 U.S.C. § 3931, a plaintiff seeking a default judgment must file an affidavit stating whether the defendant is in military service, backed by facts that support that statement. Courts routinely reject vague affidavits, and the Department of Justice sues businesses that file inaccurate ones. A documented military status verification, run close to the filing date, gives the court the clear answer it needs and protects both the servicemember and the creditor.
What the SCRA Requires Before a Court Enters a Default Judgment
Section 3931 of the SCRA applies to any civil action or proceeding in which the defendant does not make an appearance. Before the court can enter judgment for the plaintiff, the plaintiff must file an affidavit that does one of two things:
- States whether or not the defendant is in military service, and shows the facts supporting that statement, or
- States that the plaintiff cannot determine whether the defendant is in military service.
Many courts accept a written statement signed under penalty of perjury in place of a notarized affidavit. Either way, the document carries legal weight, and the person signing it vouches for its accuracy.
What the court does next depends on the answer. Here is how the three outcomes play out:
| Affidavit says | What the court must or may do |
|---|---|
| Defendant is not in military service | The court can proceed with the default judgment, provided the supporting facts hold up |
| Defendant is in military service | The court must appoint an attorney to represent the servicemember before entering any judgment, and must grant a stay of at least 90 days in certain circumstances |
| Plaintiff cannot determine status | The court may require the plaintiff to post a bond to cover losses the defendant could suffer if the judgment later turns out to be improper |
The middle row carries real consequences for plaintiffs. Appointed counsel may not be able to reach a deployed client, and the statute directs the court to pause the case when a defense requires the servicemember’s presence. That delay is precisely what the law intends. Congress wanted people in uniform to focus on their duties without losing a car, an apartment, or a bank account to a lawsuit they never had a chance to answer.
Why “To the Best of My Knowledge” Does Not Satisfy a Judge
Plenty of plaintiffs assume the affidavit is a formality. Judges disagree. The statute demands the “necessary facts” behind the statement, which means the court wants to know what the plaintiff searched, which source it used, and what that source returned.
A 2024 decision from the U.S. Bankruptcy Court for the Southern District of Ohio shows how this plays out. The plaintiff’s affidavit asserted, based on the affiant’s knowledge, that the defendant was not in the military. The court denied the motion for default judgment because the affidavit described no investigation at all: no sources consulted and no information obtained. The plaintiff had to start over with a proper filing.
Hedged results create the same problem. A verification report that says the outcome “cannot be guaranteed” because an identifier was missing leaves the judge without a definitive answer. Courts want a clear yes or no, tied to a named search and a date.
What Happens When Plaintiffs Get Military Status Wrong
Skipping the check rarely saves time. It moves the cost to a later, more painful stage of the case.
The servicemember can reopen the judgment. If a court enters a default judgment against someone in military service, or within 60 days after that service ends, the servicemember may apply to vacate it. The application must come within 90 days after service terminates, and the servicemember must show that military duty affected their ability to defend the case and that they have a meritorious defense.
False affidavits carry criminal exposure. Section 3931(c) makes it a federal crime to knowingly file a false affidavit of military status. A conviction can bring a fine, up to one year of imprisonment, or both.
The Department of Justice actively enforces the default judgment provision. The Attorney General can sue any business that shows a pattern or practice of SCRA violations, and servicemembers can bring their own private lawsuits for damages and attorney fees.
The case against Goines Towing & Recovery near Marine Corps Base Camp Lejeune illustrates every one of these risks. The company towed a Marine corporal’s SUV from an apartment complex parking lot while he was deployed to Okinawa, then obtained a default judgment allowing the sale. According to the Justice Department’s complaint, the vehicle displayed the corporal’s battalion logo and unit information, and its registration listed a Camp Lejeune address. Nobody at the company contacted the base. The resulting consent order required the owner to pay $66,805.06 in relief to affected servicemembers plus a $30,000 civil penalty, return a stored vehicle, forgive storage fees, and adopt new SCRA procedures. It was the first federal lawsuit against a towing company under the military affidavit provision, and it will not be the last.
The scale of enforcement keeps growing. When it announced the Goines settlement, the Justice Department reported that it had secured over $481 million in monetary relief for more than 146,000 servicemembers through SCRA enforcement since 2011.
How to Verify Military Status Before Filing
A defensible military affidavit rests on a documented search, not an assumption. These practices hold up in court:
- Search the Defense Manpower Data Center (DMDC) records. The Department of Defense maintains the SCRA website that reports active duty status across the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, and activated Guard and Reserve members. A search with a full name and Social Security number produces the most reliable result. Searches run without an SSN can return answers that judges treat as inconclusive.
- Run the search close to the filing date. Military status changes. A reservist can receive orders next week, and a certificate from four months ago describes a person who may no longer exist in that status. Many courts expect a recent result, so check your local rules.
- Read the file for red flags. A base address, an APO or FPO mailing address, military plates or parking decals, a unit patch, or a tenant application listing a command all signal possible service. The Goines case turned on clues just like these. When the file points toward the military, dig deeper before signing anything.
- Attach the proof and describe the search. Include the verification certificate with the affidavit, name the database, and state the date of the search. This gives the judge the “necessary facts” the statute requires.
- Recheck if the case stalls. If weeks or months pass between the first search and the hearing, run it again.
Who Should Build Military Status Checks Into Their Process
Any party that regularly seeks default judgments needs this step baked into its workflow. That group includes:
- Banks, auto lenders, and loan servicers pursuing collections, repossessions, and foreclosures
- Landlords and property managers filing evictions
- Towing, repossession, and storage operators enforcing liens through the courts
- Debt collection firms and the attorneys who file on their behalf
- Homeowners associations seeking judgments for unpaid assessments
High volume raises the stakes. A collection firm filing hundreds of cases each month cannot rely on memory or guesswork, and a single systemic gap can turn into the “pattern or practice” that triggers a federal investigation.
Building a Default Judgment Process That Protects Servicemembers and Holds Up in Court
The SCRA does not forbid creditors from collecting debts or enforcing contracts against people in uniform. It forbids doing so behind their backs. Once you view the military affidavit as a factual report to the court rather than a form to fill out, the right process follows naturally: search early, document the source, read the file, and refresh the result before the hearing.
The practical sticking point for many plaintiffs is missing data. Creditors often lack the defendant’s Social Security number, which weakens a direct DMDC search. If your team files default judgments regularly, a dedicated verification service can turn a compliance risk into a routine step.
This article provides general information about the SCRA and does not constitute legal advice. Consult an attorney about requirements in your jurisdiction.
FAQs
Do I need a military affidavit if I know the defendant is a civilian?
Yes. Section 3931 requires the affidavit in every case where the defendant fails to appear, regardless of what the plaintiff believes. Personal knowledge alone rarely satisfies a judge, so attach a verification result that shows how you confirmed the defendant’s status.
What happens if the military status search shows the defendant is on active duty?
The court must appoint an attorney to represent the servicemember before it enters any judgment. If the defense needs the servicemember’s participation, or appointed counsel cannot reach them, the court must stay the case for at least 90 days.
Can a servicemember undo a default judgment after returning home?
Yes. A servicemember can ask the court to reopen a default judgment entered during service or within 60 days afterward. They must apply within 90 days after service ends and show both that military duty hurt their ability to defend and that they have a meritorious defense.
How recent should a military status verification be?
The SCRA sets no fixed window, but status can change quickly, so plaintiffs should run the search as close to the filing date as practical. Many courts and local rules expect a recent certificate, and rerunning the search before a delayed hearing is a sound habit.
What are the penalties for filing a false military affidavit?
Knowingly filing a false affidavit is a federal crime punishable by a fine, up to one year in prison, or both. Businesses also face civil lawsuits from the Department of Justice and from affected servicemembers seeking damages.