Pursuant to the Soldiers and Sailors Civil Relief Act (SSCRA) a default judgment may not be obtained against an active soldier or sailor. An affidavit of non-military service is required to obtain a default judgment, but is often overlooked by the plaintiff's attorney and the ruling judge.
While I am not an attorney and do not provide legal advice, I have studied the SSCRA and the use of it in vacating default judgments. Any active duty military personnel receiving a default judgment may file a motion to vacate judgment and pray for relief under SSCRA. In doing so, the defendant should request the affidavit of non-military status that should have been filed by the plaintiff with the motion for default judgment. This may sound confusing, but it is a simple process. Sample forms are available online. The instructions may be a little overwhelming, but go the simple route, find the form you need, fill in your info and go to the clerk of the court. They will help you.
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Note: On 19 December, 2003, President Bush has signed the “Servicemembers Civil Relief Act,” new legislation to help ease the economic and legal burdens on military personnel called to active duty status in Operation Iraqi Freedom. Authored by Veterans’ Affairs Committee Chairman Chris Smith, the Servicemembers Civil Relief Act updates and strengthens the previous Soldiers & Sailors Civil Relief Act of 1940 (SSCRA). For complete details, see Servicemembers Civil Relief Act, Simplified, and Servicemembers Civil Relief Act in Detail.
Chapter 1 - Introduction
Chapter 2 - General Provisions
Chapter 3 - General Relief, Interest Rates, and Judicial Proceedings
Chapter 4 - Rents, Mortgages, and Foreclosures
Chapter 5 - Insurance
Chapter 6 -Taxation
Chapter 7 - Public Lands
