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Important Changes to Reporting Under the Servicemembers Civil Relief Act (SCRA)

Posted on 09 Jun 2011 by admin | Filled under: regulatory-compliance

active duty military status verification requests may be conducted without a social security number or date of birth, provided that other identifying information (such as addresses) is provided. The DMDC site will not permit a search without SSN or d.o.b., and, searches conducted with d.o.b. only include a disclaimer indicating that the search results cannot be verified because only a SSN provides a unique identifier. This, disclaimer, understandably, may draw court concern. The SCRACVS has other data available to it to conduct the dispositive searches often required by courts.

Courts universally require an affidavit before a plaintiff may receive a judgment against an individual. Those affidavits should now indicate the active duty termination date, if applicable. The affidavits are sometimes referred to as “military affidavits”, “non-military affidavits”, and “affidavits in compliance with the Servicemembers Civil Relief Act”.

[1] The Act is the successor to the Soldiers’ and Sailors’ Civil Relief Act of 1940. The SCRA is sometimes and erroneously referred to as the Servicemembers’ Civil Relief Act, Servicemember’s Civil Relief Act, Service Member Civil Relief Act, Service Member’s Civil Relief Act, Servicemembers Civil Release Act, and similar.
[2] On July 30, 2008 the protection was extended from 90 days to 9 months. Effective January 1, 2011, a sunset provision will roll the 9 months back to 90 days. §2203(c)(2) of Act July 30, 2008, P.L. 110-289. On the other hand, §522, which applies to other proceedings, remains at 90 days.