When you set out to get a Texas Military Status Affidavit, also called a nonmilitary affidavit or SCRA Affidavit, you must take into account not just federal laws, but Texas SCRA laws as well. Both sets of laws can be confusing, and violating one of them — even accidentally — can cost you in delays or fines. Using a service like the SCRACVS with experience in federal and state military rules and regulations takes the guesswork and uncertainty out of the process.
When an individual or business files suit against a debtor, they must be sure he or she is not on active military duty, or in some cases, was not active when the debt was incurred or the contract was signed. This federal law is known as the Servicemembers Civil Relief Act. It protects servicemembers who are deployed and unable to respond properly to litigation.
Courts in Texas Requires Nonmilitary Affidavits
When a defendant fails to respond to a court summons or misses a court date in Texas, the plaintiff must submit a Military Status Affidavit to move forward. Plaintiffs who get default judgments against active servicemembers risk fines and other penalties. Even if the defendant appears, you will need an affidavit.
To ensure SCRA compliance, courts often require proof that the litigant checked the defendant’s military status. Without proof the defendant is not in the military, the courts will often pause the case entirely. The court may also take action to protect the person. Even if a court does not require a nonmilitary affidavit, it is a good to have one. It shows the plaintiff has done his due diligence.
When you provide Texas courts with a nonmilitary affidavit proving the defendant is not on active duty, you can move ahead with your case. However, if you find instead that they are on active duty, you can still go forward with your case. But you must get a court order first. This applies to collections actions, foreclosures, evictions, storage facility and other matters.
Even starting the process of foreclosure without a nonmilitary affidavit could the SCRA. In Texas 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 Texas 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.
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 SCRA military affidavit for you. This helps lenders, debt collectors, landlords, storage operators, repossession companies, and others often who do not have the time to chase down all the paperwork associated with litigation.
Some Texas courts may have their own, specific form of military affidavit. A form that the County Courts are using is found here. We keep a library of these local 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’re filing suit in Texas, use SCRACVS to get your Texas nonmilitary affidavits. Your suit will move along more quickly, and you’ll save time and money.