Washington DC Courts | Legal Forms – Servicemembers Civil Relief Act

Affidavit in Compliance with the Servicemembers Civil Relief Act – Washington DC

This form, Affidavit in Compliance with the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 501 et seq.), is an affidavit used in legal proceedings to comply with the Servicemembers Civil Relief Act (SCRA) of 2003. The form ensures that the rights of servicemembers are protected by verifying their military status before proceeding with legal actions such as evictions, foreclosures, or other civil matters. This form ensures due diligence in protecting the rights of servicemembers in legal proceedings by verifying their military status through a structured declaration process.

This guide will help you complete the Affidavit in Compliance with the Servicemembers Civil Relief Act (SCRA) to ensure that all necessary information is provided accurately.

Section 1: Affiant Information

• Identify Yourself
  • Name: Clearly type or print your full name.
  • Role: Indicate whether you are the plaintiff or the plaintiff’s agent in the case.
  • Relationship to Plaintiff: If you are the plaintiff, leave this line blank. If you are the plaintiff’s agent, specify your relationship to the plaintiff.

Section 2: Basis for Affidavit

• SCRA Compliance

1. • State that this affidavit is made pursuant to Section 201 of the Servicemembers Civil Relief Act (50 U.S.C. App. § 521).

Section 3: Investigation of Military Status

• Conduct Investigation

1. • Perform a careful investigation to determine whether the defendant is currently in military service. This includes checking if the defendant is serving in the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard (called to active service for more than 30 consecutive days), or as a commissioned officer in the Public Health Service or the National Oceanic and Atmospheric Administration.

Section 4: Findings of Investigation

• Report Findings
  • Option A: The defendant is not in military service.
    • Check this box if the defendant is not serving in any military branch.
    • Provide supporting facts and documentation such as:
      • Proof from the Department of Defense Manpower Data Center.
      • Confirmation from each military branch.
      • Personal inquiry with the defendant or someone who knows the defendant’s military status.
    • If applicable, specify the type of business entity if the defendant is not an individual.
  • Option B: Unable to determine military status.
    • Check this box if after a careful investigation, you cannot determine the defendant’s military status.
    • Describe the efforts made to investigate the defendant’s military status.
  • Option C: The defendant is in military service.
    • Check this box if the defendant is confirmed to be in military service.
    • Provide detailed facts and attach supporting documentation.
  • Option D: The defendant waived their rights under SCRA.
    • Check this box if the defendant has executed a waiver of rights under Section 107 of the SCRA.
    • Attach a copy of the waiver, signed by the defendant during or after their military service.

Section 5: Declaration Under Penalty of Perjury

• Certify and Sign

1. • Date: Enter the date on which you are signing the affidavit.
   • Signature: Sign the affidavit to certify and declare under penalty of perjury that the information provided is true.

Superior Court of the District of Columbia Information

• Court Details
  • Ensure the form is filled out correctly and is ready for submission to:
    • Address: 510 4th Street N.W., Court Bldg. B, Room 110, Washington, D.C. 20001
    • Telephone: (202) 879-4879
    • Website: dccourts.gov

By following these steps, you can accurately complete the Affidavit in Compliance with the Servicemembers Civil Relief Act (SCRA) and ensure that you meet the legal requirements for verifying a defendant’s military status.