You’re ready to file. The paperwork is done, the debt is real, or the lease is broken. One box still needs checking, and skipping it can undo everything you’ve built toward that claim. Federal law requires plaintiffs to confirm whether a defendant is on active duty before a court will touch a default judgment, and getting this wrong carries real financial and legal consequences.
TL;DR: Before filing a claim, lawsuit, eviction, or default judgment against someone, verify their military status under the Servicemembers Civil Relief Act (SCRA). Check the Department of Defense’s DMDC database directly, or use a military verification service for faster, court-ready results, especially without the person’s Social Security number. Skipping this step can get your case dismissed or expose you to steep civil penalties.
Why This Verification Step Exists
The SCRA protects active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Public Health Service from legal actions that could blindside them while deployed. Congress wrote this protection into 50 U.S.C. ยง 3931. A judge cannot enter a default judgment unless the plaintiff first files an affidavit addressing the defendant’s military status, according to the Cornell Legal Information Institute.
That protection matters at scale. Roughly 1.3 million people currently serve on active duty across the United States military, based on Department of Defense workforce data for 2025. Any one of them could be the person named in your claim.
Who Actually Needs to Check
This isn’t just an attorney’s problem. Landlords confirm a tenant’s status before eviction. Lenders check before repossession or foreclosure. Debt collectors verify before pursuing a judgment on unpaid balances. A small business owner in small claims court faces the same requirement as a bank filing a foreclosure.
Ask yourself one question: are you seeking a default judgment, or does your claim touch housing, lending, or a contract signed before the person entered service? If so, verification isn’t optional.
How to Verify Military Status
Start with the Department of Defense’s SCRA website, where you can search using the person’s last name and Social Security number. This search is free and often the first stop for a single case.
The catch is that DMDC results depend on an accurate SSN. Missing or incorrect identifiers produce inconclusive results, and courts don’t accept “we couldn’t confirm either way” as an answer. Judges expect a clear yes or no.
That’s exactly where a military verification service earns its keep. These services connect to the same DMDC data but can often complete a search without a Social Security number, and they deliver notarized, court-ready affidavits instead of a bare printout.
Once you have your answer, attach it to a military affidavit stating plainly whether the defendant is on active duty. This must accompany any request for default judgment.
What Happens If the Person Is on Active Duty
Finding an active duty defendant doesn’t end your case. It changes the timeline. Courts typically pause proceedings for at least 90 days so the servicemember can respond, longer if duty genuinely prevents a defense. Pushing a default judgment through anyway invites the court to overturn it later.
Common Mistakes That Get Filings Rejected
Plenty of plaintiffs stumble on the same errors. Some submit an affidavit stating results “cannot be guaranteed” because they lacked a full SSN, and judges reject these for failing to give a dispositive answer. Others verify status once at the start of a long case and never check again, even though someone can enter active duty after a claim is filed.
Filing a false military affidavit carries its own risk. It’s a misdemeanor punishable by up to a year in jail and a fine, according to guidance published by SCRACVS. Civil penalties for SCRA violations start at $55,000 for a first offense and climb to $110,000 for repeat violations.
Building Verification Into Every Filing You Make
Treat military status verification like any other document check before filing: mandatory, routine, done early. Occasional filers can usually rely on the free DMDC lookup. Landlords with multiple units, lenders processing defaults, and attorneys with a steady docket benefit more from a partner that works around missing identifiers and hands back a notarized affidavit.
Do the check before you draft the complaint.
FAQs
Q: What counts as military status verification?
A: It confirms whether a person is on active duty, was recently called to duty, or falls within the protected period after leaving service. Courts use the result to decide whether SCRA protections apply.
Q: Is checking military status legally required before I file a lawsuit?
A: It’s required when you’re seeking a default judgment, or when your claim involves housing, lending, or a contract that could trigger SCRA protections. Courts won’t process a default judgment request without an affidavit.
Q: What happens if I file without verifying first?
A: A judge can reject your filing, or a judgment entered without proper verification can later be reopened if the defendant was in service and prejudiced by military obligations. Knowingly filing a false affidavit also carries misdemeanor penalties.
Q: Can I verify someone’s status without their Social Security number?
A: The DMDC database generally needs an SSN for a reliable match. Verification services built around court filings can often confirm status using name and date of birth alone.
Q: How long does the process take?
A: A DMDC search returns results almost immediately once submitted correctly. Dedicated verification services with a notarized affidavit typically deliver results within 24 hours.
