The State of Wisconsin has a military population of nearly 8,000 members. While service members benefit from The Servicemembers Civil Relief Act (SCRA), which allows for protection from civil action during active duty status, some individuals may choose not to serve in the armed forces and would, instead, benefit from another form of protection and privileges. With this, an affidavit of nonmilitary service in Wisconsin may be issued. Let’s look at this document and why you should need it.
What is a military affidavit?
A Non-Military Service form is an extremely useful legal document that can be used if you need to demonstrate that active military duty is not the reason why a party has issued a default judgment. This allows the court to move forward with the relevant case if an individual fails to appear, and it is incredibly useful when dealing with forms like unlawful detainers.
In such cases, you can use this form to prove that missed service days are not due to active military service abroad. Thus, it is important to understand how this form works and its legal implications in order to have a better grasp on where you stand as a party involved in such cases.
When will you need an affidavit of non-military service?
If you are engaging in legal proceedings (law firms or national guard issues) or if you are suing someone, where the court may question your military service status, courts require an affidavit of non-military service. This is per the Wisconsin Statutes and is necessary for a law court to proceed with its decision.
It’s important to seek legal advice from attorneys if you are required to produce an affidavit; doing so will ensure that all forms are properly completed and filed with the court.
Common examples of situations in which the court may require you to produce an affidavit include:
- domestic relations incidents and child support cases
- foreclosed properties
- properties and real estate evictions
- storage rental dismissals
- collections acts
- car repossessions
- contract disputes
Being active duty military does not completely exempt individuals from civil proceedings. The Servicemembers Civil Relief Act (SCRA) is intended to reduce the number of things a service member on active duty has to handle and thereby focus on their service to their country.
However, when it comes to responding to civil proceedings, active military members have an obligation to provide documents as a defense.
Any defendant in active military duty must provide a solid declaration stating active status in order to postpone or temporarily halt the case until they are discharged.
And so, the affidavit of non-military service is important to prove that a service member can be legally bound to court proceedings and judgments, as any other person could.
What can be found in an affidavit of non-military service?
A properly completed Affidavit of Nonmilitary Service must contain the following information:
- The date on which they began their active military duty status
- The branch or unit of the armed forces in which they are currently active
- The date on which their active duty status will end or if it is indefinite
- A statement that the person is not a member of any other unit or branch of any state or federal military force
- A signature in front of a notary public attesting to the truthfulness and accuracy of the affidavit
You can find a sample affidavit or pdf file on a defense website or any other legal form website where you can familiarize yourself with the mandatory information that needs to be included in an affidavit of non-military service.
But the above-mentioned points are the basics that should be found in the affidavit and should be taken into consideration when preparing for such cases.
How to fill out the Wisconsin Affidavit Of Nonmilitary Service?
If you’re in Wisconsin and you need to file an affidavit of non-military service, the Servicemembers Civil Relief Act Centralized Verification Service can assist you. We can streamline the process of finding out if an individual is on active military service and will provide a form that you can use to file an affidavit. From there, you can simply fill out the form with your information and have it notarized.
The court may also require you to submit different forms that are related to the affidavit of non-military service. We can handle these requests and help you make sure that all the paperwork is properly submitted. Contact us for further assistance, and we would be more than happy to help you out!