The responsive pleading deadline has passed, and you are ready to obtain a default judgment. You reach for SCAO form MC07 and proceed to complete it with the details of your case. In many cases, you check the following:
- The defaulted party is not in the military service.
Are you sure about that response?
The Servicemembers Civil Relief Act (SCRA), 50 USC App 501 et seq. provides certain protections from civil actions against servicemembers who are called to “active duty”—including relief associated with the entry of default judgments. The penalties associated with submitting a false affidavit in support of the entry of a default judgment could result in fines, imprisonment (for up to a year), or both. See 50 USC App 521(c).
So what can you do to protect yourself from these penalties?
There is a resource provided by the Department of Defense Manpower Data Center that can help you demonstrate due diligence if the court inquires. Using this resource will provide you with a certificate of the defendant’s active duty status signed by the director of the Department of Defense Manpower Data Center, and hopefully, some peace of mind when checking the box.
For additional information regarding the SCRA, see ICLE’s How-To Kit: Protect a Service Member’s Interests While on Active Duty.