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Massachusetts Filing Requirement for Complaint to Determine Military Status

State:
Massachusetts
Control #:
MA-SKU-0473
Format:
PDF
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Description

Filing Requirement for Complaint to Determine Military Status

The Massachusetts Filing Requirement for Complaint to Determine Military Status is a process by which an individual can determine their military status in the state. This process is necessary to determine if an individual is eligible for certain benefits, such as veterans' benefits, or to confirm military service for a particular purpose. The main types of filing requirements for Complaint to Determine Military Status in Massachusetts include: 1. Verification of Status Through a Military Service Record: This involves submitting a copy of the individual's DD-214 or other military service record to the Massachusetts Department of Veterans' Services. 2. Verification of Status Through a Military Affidavit: This involves submitting a sworn statement from a military or civilian witness, confirming the individual's military status. 3. Verification of Status Through a Physical Examination: This involves submitting a physical examination report to the Massachusetts Department of Veterans' Services. 4. Verification of Status Through a Court Order: This involves submitting a court order confirming the individual's military status. All documents submitted for verification of military status must be sent to the Massachusetts Department of Veterans' Services. The department will review the documents and send a determination letter to the individual.

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FAQ

The Massachusetts Trial Court's Military Affidavit (Under 50 U.S.C. § 3931) is a standardized form used to indicate the military status of the party(ies) to a case. The form may be used in all case types where the filing of a Military Affidavit is appropriate.

A Motion to Issue Execution is typically filed by a landlord if they are alleging that a tenant failed to abide by the conditions of a Housing Court agreement. The motion asks the court to give the landlord possession of the premises because of the breach of the agreement by the tenant.

An Affidavit of Military Service is required in every case where the Defendant has not filed an answer or appearance. The purpose is to protect the men and women serving in the U.S. military from having a court judgment entered against them without first receiving notice of the lawsuit and a chance to defend the case.

A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.

A default or a dismissal may be removed at the court's discretion, on its own initiative or on motion of either party in writing, at any time prior to the entry of judgment on such default or dismissal.

More info

When should this form be used? The affidavit must state whether the defendant is in the military, or that the plaintiff was unable to determine whether the defendant is in the military.Defense Manpower Data Center (DMDC) SCRA Website – Public database used to identify periods of military service for servicemembers. The most efficient method to submit a complaint is through the DoD Hotline Complaint Form: Information on Filing Hotline Complaints. These archival requests require the purchase of the COMPLETE photocopy of the Official Military Personnel File (OMPF):. Protections and Requirements in Judicial Proceedings . Reporting requirements for Form 1099-K. Reporting requirements for Form 1099-K. Is service different if I'm filing a motion to modify custody or support? Users may submit a Single Record Request to obtain a report certifying Title 10 active duty status for provisions under SCRA.

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Massachusetts Filing Requirement for Complaint to Determine Military Status