To get a New Jersey nonmilitary affidavits, also known as a Certification of Nonmilitary Service, you must comply with New Jersey state laws and requirements. What are these laws and requirements, and how do you get New Jersey 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 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.
New Jersey Courts Require Nonmilitary Affidavits
Regardless of whether a defendant shows up for a court date in New Jersey, in order to move forward, the plaintiff must submit a nonmilitary affidavit which, in New Jersey, is often referred to as a Certification of Nonmilitary Service. 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, courts often require proof that the litigant has checked the defendant’s military status. 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 New Jersey 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 may violate the SCRA. In New Jersey in particular, even if the servicemember entered into the mortgage before deployment, mortgage holders cannot foreclose without a court order. The process cannot start until at least 90 days after the end of the servicemember’s deployment, without a court order.
How to Get New Jersey Certification of Nonmilitary Service
Not procuring active-duty status verification can spell trouble for banks, lenders, car dealerships, landlords, 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.
The Servicemembers Civil Relief Act Centralized Verification Service uses the Defense Department’s Defense Manpower Data Center to ascertain active-duty status. We then prepare a New Jersey nonmilitary affidavit for you. This helps lenders, debt collectors and others often who do not have the time to chase down all the paperwork associated with litigation. But sometimes courts requires other forms as well, and we keep a library of these here on our site.
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 logged in to click the link.
If you are planning to file suit or take legal action against someone in New Jersey, depend on the SCRACVS for nonmilitary affidavits and certificates. It will make the process infinitely easier.
