If you’re managing a civil case, there’s one detail that can quietly derail your entire legal strategy before it ever reaches the courtroom: the military status of the defendant. Whether you're handling a landlord-tenant dispute, a collections matter, or a contractual claim, overlooking duty verification can lead to major setbacks, especially if the person on the other end is on active duty. That’s where the Servicemembers Civil Relief Act (SCRA) steps in, offering strong protections that courts don’t take lightly.
For general counsel, the challenge isn’t just about checking a box. It’s about legal compliance, timing, and making sure your team doesn’t trigger a default judgment error that could cost time and credibility.
So, how do you verify military status correctly and keep your case airtight? You’re about to find out—with a clear, practical checklist built for counsel who can’t afford to miss a step.
6 Key Steps for Proper Military Verification in Civil Litigation
1. Understand the Protections Afforded by the SCRA
Overlooking the Servicemembers Civil Relief Act is one of the most common missteps legal teams make when dealing with military defendants. This federal law isn’t just a formality. It actively shields service members from the pressures of civil litigation while they are serving, ensuring they’re not pulled into courtrooms while fulfilling national obligations. From interest rate caps to postponed court proceedings, the SCRA is designed to give service members a fair chance to respond to legal claims without being penalized for their absence.
If, for instance, you file a civil case against someone unknowingly on active duty and push for a default judgment, you’re not just risking a procedural misstep. You’re risking the entire judgment being vacated later. That can undo weeks or even months of legal effort.
To avoid this, you need to fully grasp the scope of the SCRA. A consultation with defense counsel or legal professionals who specialize in military protections is a smart starting point. Legal risk mitigation starts with informed action.
2. Obtain an Affidavit
Before you can move forward with confidence in a civil case, you need more than just a hunch that the defendant isn’t on active duty. The court needs proof, which often comes in the form of a signed affidavit. To move forward confidently in court, obtaining an affidavit of non military service is crucial to ensure that the defendant is not currently serving in the military and that the case can proceed without delays. Courts typically require this document before allowing default judgments or advancing litigation.
Rather than relying on outdated records or guesswork, use a trusted military verification service to confirm the defendant’s status. Once verified, file the affidavit as part of your court documentation.
It’s a simple step that protects your case from procedural errors and ensures you're complying with legal due diligence.
3. Verify Active Duty Status Through Official Channels
It only takes one missed detail to stall a civil case, and that detail is often the defendant’s duty status. You might assume someone isn’t serving, but in legal terms, assumptions carry no weight. That’s why confirming active duty status through verified channels isn’t just smart—it’s required.
Start by using official sources like the Defense Manpower Data Center, which provides real-time updates on military status. If you can’t get confirmation directly from the individual or their representative, a third-party military verification service can help you complete the process accurately and on time.
This step safeguards your case from potential claims that the defendant’s rights were overlooked. It also ensures your legal documentation is airtight when presented to the court. In short, a proper military status check is a foundational step in protecting service member rights and keeping your case on track.
4. File the Appropriate Documentation and Motion
Once you’ve verified military status, the next step is turning that information into action within the courtroom. This is where documentation takes center stage. Whether the defendant is on active duty or not, the court expects you to file the proper paperwork before the case progresses any further.
If the individual is actively serving, filing a motion to stay the proceedings is not just a courtesy; it’s a requirement under the SCRA. The court relies on this documentation to determine whether it’s appropriate to pause or adjust the litigation timeline. This might include a military service affidavit, motions for delays, or supplemental court affidavits that outline the service member’s circumstances.
Failing to file correctly can stall the case or trigger legal consequences. Collaborating with defense counsel or using a verification service familiar with court filing requirements helps ensure you don’t miss a step. It’s not about volume of paperwork, but about precision and compliance with SCRA regulations.
5. Timing of Litigation Actions and Delays
Deadlines might feel fixed on paper, but when a service member is involved, flexibility becomes a legal necessity. Military life operates on its own schedule, and civil courts are expected to respect that rhythm.
If the defendant is on a remote assignment or participating in intensive training, the court may allow litigation delays that span weeks or even months. These delays aren't optional. They're built into the protections guaranteed by the SCRA. The court takes into account whether the service member can actively engage in the case, and that decision hinges on duty assignments, not just availability.
Rather than treat these delays as setbacks, use them as a checkpoint to reassess your legal strategy. Rescheduling is part of the process, not a detour. Being proactive with motions and responsive to the realities of military duty ensures your case stays compliant and respectful of those serving. When timelines get uncertain, clarity comes from knowing the rules, not bending them.
6. Be Aware of Potential SCRA Violations
It only takes one overlooked detail to unravel months of work. Moving ahead with a case before confirming a defendant’s military status might seem like a small misstep, but under the Servicemembers Civil Relief Act, it can cost you far more than time.
Courts don’t take violations lightly. Proceeding without proper military verification can lead to fines, dismissed judgments, or even the need to start over. Worse, it can put your firm’s credibility on the line. These aren’t just procedural issues. They are legal risks that could damage the entire outcome of your case.
That’s why every step in your litigation checklist should include a checkpoint for SCRA compliance. From pre-filing investigation to the final motion, make sure you’re on solid legal ground. When uncertainty creeps in, don’t guess. Reach out to defense counsel or a trusted verification service to confirm you’re following the law at every turn. Avoiding violations starts with staying alert, not reactive.
Conclusion
A successful civil case involving a military defendant starts with precision, not assumption. The SCRA exists to protect active-duty service members, and your ability to honor that while meeting court requirements is what sets your case apart.
Each step from verifying duty status to filing affidavits serves a critical purpose. Overlooking even one can derail your progress. By staying proactive, detail-oriented, and aligned with legal obligations, you reduce the risk of invalid judgments and build a case that’s both strong and compliant. For general counsel, this isn’t just a checklist—it’s the foundation for smart, lawful litigation that holds up under scrutiny.
