Information About Servicemembers Civil Relief Act Afdavits
1. Plaintiff to le afdavit
In any civil action or proceeding, including any child custody proceeding, in which the defendant
does not make an appearance, the court, before entering judgment for the plaintiff, shall require the
plaintiff to le with the court an afdavit—
(A) stating whether or not the defendant is in military service and showing necessary facts to
support the afdavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in military service,
stating that the plaintiff is unable to determine whether or not the defendant is in military
service.
50 U.S.C. 3931(b)(1).
2. Appointment of attorney to represent defendant in military service
If in a civil action or proceeding in which the defendant does not make an appearance it appears
that the defendant is in military service, the court may not enter a judgment until after the court
appoints an attorney to represent the defendant. If an attorney appointed to represent a service
member cannot locate the service member, actions by the attorney in the case shall not waive any
defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2).
State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil
Relief Act. To comply with the federal Violence Against Women Act and in consideration of
G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter
50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the
Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be
required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act.
The allowance or disallowance of the ordering of costs will require a case-specic analysis.
3. Defendant’s military status not ascertained by afdavit
If based upon the afdavits led in such an action, the court is unable to determine whether the
defendant is in military service, the court, before entering judgment, may require the plaintiff to le
a bond in an amount approved by the court. If the defendant is later found to be in military service,
the bond shall be available to indemnify the defendant against any loss or damage the defendant
may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be
set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal
and setting aside of a judgment under applicable Federal or State law or regulation or under any
applicable ordinance of a political subdivision of a State. The court may issue such orders or enter
such judgments as the court determines necessary to protect the rights of the defendant under this
Act. 50 U.S.C. 3931(b)(3).
4. Satisfaction of requirement for afdavit
The requirement for an afdavit above may be satised by a statement, declaration, verication, or
certicate, in writing, subscribed and certied or declared to be true under penalty of perjury.
50 U.S.C. 3931(b)(4). The presiding judicial ofcial will determine whether the submitted afdavit is
sufcient.
5. Penalty for making or using false afdavit
A person who makes or uses an afdavit permitted under 50 U.S.C. 3931(b) (or a statement,
declaration, verication, or certicate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be
false, shall be ned as provided in title 18, United States Code, or imprisoned for not more than one
year, or both. 50 U.S.C. 3931(c).
AOC-G-250, Side Two, Rev. 2/18
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