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Virginia Affidavit-Default Judgment Servicemembers Civil Relief Act
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How to fill out Virginia Affidavit-Default Judgment Servicemembers Civil Relief Act?
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The SCRA also provides certain benefits and protections to servicemember dependents, see, e.g., 50 U.S.C. § 3955, and, in certain instances, to those who co-signed a loan for, or took out a loan with, a servicemember. See id.
To file this lawsuit, you must go to the General District Court Clerk's office. Ask for the proper court form. To sue for return of property, fill out a "Warrant in Detinue." Even though this court form is called a "warrant," it is not used in a criminal case. It is used in a civil (non-criminal) case.
The SCRA covers all active duty service members, reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after discharge.
Technically, a military affidavit is a court document that legally determines someone's active-duty status. This form will typically contain information such as name and date of birth. It also has a section confirming or denying active-duty status.
Citizens who are working as contractors are not protected by the SCRA.
In most Virginia jurisdictions the fee is $12.00. Alternatively you may hire a private process server to serve the civil warrant on the defendant. Private service is usually more expensive than service by the Sheriff's office.
Active duty servicemembers and their spouses/domestic partners are eligible for SCRA benefits on joint accounts.
The SCRA protects both active-duty military members, reservists and members of the National Guard when called to active duty (starting on the date active-duty orders are received). In limited situations, it also covers dependents of military members (e.g., certain eviction actions).
A Service members Civil Relief Act affidavit is a document litigants can take to court to prove they have checked to see if the defendant in their case is on active military duty. An SCRA affidavit, which most courts require, helps move cases forward so plaintiffs can get restitution more quickly.