Form 81 – Non military Affidavit Florida
The “Non military Affidavit Florida” (Form 81) is a crucial legal document used in the eviction process when a tenant fails to respond to a complaint regarding eviction, back rent, or damages. This affidavit certifies that the tenant is not on active military duty, which would entitle them to certain legal protections under the Soldiers’ and Sailors’ Civil Relief Act (SCRA). It must be filed as part of obtaining a default judgment against a non-responsive tenant. This affidavit of non-millitary service is standardized for use in Florida and includes a space for certification that it was used properly under the regulations of the Florida Bar.
The primary purpose of the affidavit of non military service Florida is to allow a court to proceed with a legal action in the absence of a response from the defendant, ensuring that the action does not unfairly prejudice a servicemember who might not be able to respond due to military duties. For example, in cases involving evictions, foreclosures, divorces, child custody disputes, and debt collections, the affidavit ensures that the defendant is not on active military duty and thus not covered by SCRA protections.
To properly fill out the Non military Affidavit (Form 81) in the context of Florida’s legal requirements for eviction processes, follow these detailed steps:
Part 1: Court and Case Information
County and Court Information: At the top of the form, fill in the county and court handling your case. This information is usually pre-printed but may require you to specify the correct jurisdiction.
Case Number: Enter the case number as assigned by the court. This number can usually be found on other case-related documents.
Plaintiff and Defendant Information
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- Landlord’s Name (Plaintiff): Enter the full legal name of the landlord who is initiating the eviction.
- Tenant’s Name (Defendant): Enter the full legal name of the tenant being evicted.
Part 2: Affidavit Declaration
Affiant’s Statement
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- Name of Affiant: The person filling the affidavit (usually the landlord or their legal representative) must write their name.
- Statement: Confirm that the tenant is not in the military service or any other governmental service protected under the Soldiers’ and Sailors’ Civil Relief Act. This statement is crucial as it affects the legal protections available to the tenant.
Part 3: Sworn Statement
Execution Before a Notary
- Date: Fill in the date when the affidavit is being sworn before the notary.
- Affiant’s Signature: Sign the form in the presence of a notary.
- Print Name, Address, and Telephone Number: Provide contact details for further verification or court contact.
Notary Section
- Notary Public’s Verification: A notary will verify your identity, witness your signature, and seal the document. The notary fills this section, confirming the date, your identity, and their credentials.
- Identification Type: Indicate the type of identification you provided to the notary (e.g., driver’s license, passport).
Part 4: Certification of Delivery
Notification to the Tenant
- Check the appropriate box to indicate how you delivered the copy of the motion and attached affidavit to the tenant: mailed, faxed and mailed, or hand delivered.
- Address of Delivery: Specify the exact address where the documents were sent, which should match the tenant’s last known address.
Part 5: Completion Details
Preparer Information
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- If someone other than the affiant prepared the document, they should provide their name, address, and telephone number at the bottom of the form to ensure accountability and for any follow-up that may be required.
Final Checks
- Review the form for accuracy and completeness. Ensure all sections are filled out correctly and all information is truthful to the best of your knowledge.
- Keep a copy for your records before submitting the original to the court as part of your eviction proceedings.
Important Note
This document must be used accurately and truthfully, as falsely claiming that a tenant is not in the military when they are can lead to serious legal consequences. If unsure, it is recommended to consult with an attorney to ensure compliance with all legal requirements.