Servicemembers Civil Relief Act (“Soldiers and Sailors Relief Act”) — How to Determine Military Status and Get the Certificate You Need Online
Published .
A defendant’s failure to respond does not establish that the defendant is outside military service. Before seeking a default judgment, counsel must investigate military status and give the court a supported affidavit. The Department of Defense provides an online route to obtain the military-status certificate used in that investigation.
The current statute is the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043. Lawyers and clients still sometimes call it the Soldiers and Sailors Relief Act, referring to its predecessor. This article concerns the practical military-status inquiry in Maryland civil litigation and the distinction between the certificate, the supporting affidavit, and the court’s legal determination.
Why Military Status Matters
Section 3931 applies to civil proceedings in which the defendant has not appeared. Before judgment for the plaintiff, the court must require an affidavit stating whether the defendant is in military service and supporting facts, or stating that the plaintiff cannot determine military status. A written declaration under penalty of perjury can satisfy the federal affidavit requirement. Knowingly making or using a false affidavit can carry criminal consequences.
If military service appears, the court must appoint an attorney before entering judgment. Section 3931 also provides for a stay of at least 90 days on the specified showing. Where status cannot be determined, the court may require a bond. The absence of a response to the complaint does not dispense with these safeguards. See 50 U.S.C. § 3931(b)–(d).
Get the Certificate Through the Official DoD Website
1. Open the official DMDC SCRA site: https://scra.dmdc.osd.mil/scra/ . Accept its access terms and create an account or sign in. An account is required for Single Record Requests.
2. Select Single Record Request. Enter the individual’s identifying information and the Active Duty Status Date relevant to your inquiry. Without a supplied date, the system uses today. A last name and date of birth can be used without an SSN; additional accurate identifiers improve matching.
3. Review the entries, accept the terms, and submit. Save the resulting PDF certificate and read all reported status categories, dates, and qualifications. An ambiguous or multiple-match result is not a definitive negative finding.
4. Consult the official User Guide and the site’s FAQs for current screens, account requirements, and troubleshooting: https://scra.dmdc.osd.mil/scra/services/content/documents/userGuide . If other evidence indicates military service despite a negative response, obtain verification from the relevant service.
Choose the Date and Identify the Person Carefully
The date the search is run and the date for which status is requested serve different purposes. Record both in the file. A historical inquiry about an earlier procedural event does not necessarily establish status when judgment is sought. Refresh the investigation when delay or new information makes the earlier result inadequate.
Compare the identifying information with reliable case records. Do not guess a date of birth or use another person’s identifier to force a result. If available identifiers do not support a reliable determination, explain that limitation to the court and pursue appropriate additional investigation.
The Certificate Supports the Affidavit
Prepare an affidavit or permitted declaration explaining who made the inquiry, when it was made, what status date was requested, and what evidence supports the stated conclusion. Identify and attach the certificate as an exhibit, together with any necessary additional verification. Address contrary evidence rather than omitting it. Follow the applicable Maryland or federal court procedure for the request for judgment.
Protect personal identifiers in court filings. Keep the original certificate securely in the litigation file and apply the governing redaction and restricted-access requirements to the filed copy. The affidavit should provide the factual basis for the status statement without unnecessarily disclosing sensitive identifying information.
A Status Report Does Not Resolve Every SCRA Issue
Military-service eligibility and the duration of a particular protection depend on the statute. Review 50 U.S.C. § 3911 and the provision governing the proposed action, including qualifying Reserve or National Guard service where relevant. A database response does not replace that legal analysis.
For an appearing servicemember, § 3932 supplies a separate stay procedure when military duties materially affect the ability to appear and the statutory supporting communications are provided. This differs from the default safeguards in § 3931. Neither the certificate nor military status alone is permission to disregard an existing stay or court order.
Official Authorities and Practical File Record
Keep the search date, status date, identifiers used, certificate, follow-up verification, and filed affidavit together. This allows counsel and the court to assess the actual investigation supporting the requested relief.
Official statutory text, including definitions, default protections, and stays: https://www.govinfo.gov/content/pkg/USCODE-2024-title50/html/USCODE-2024-title50-chap50.htm
United States Courts explanation of SCRA court procedures: https://www.uscourts.gov/court-programs/bankruptcy/bankruptcy-basics/servicemembers-civil-relief-act-scra
Department of Justice SCRA enforcement resources: https://www.justice.gov/servicemembers/financial-and-housing-rights-0
Official DoD contact page directing users to SCRA military-status verification: https://www.cac.mil/contact/