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SCRA Default Requirements

The SCRA prescribes certain requirements before a default judgment can be entered against a servicemember on active duty. The SCRA does not prohibit defaults, but the requirements of the SCRA must be met before a default is entered. If an appearance is not made, the court must appoint an attorney and grant a request for stay. If an appearance is made, a stay may be granted, or if a stay is refused, an attorney must be appointed.

Although a default affidavit is required only if no appearance is made, as a matter of practice, before entering a Default Order, even if the NCP is not a servicemember, CSS staff files a default affidavit with the court. The affidavit states whether or not the NCP is in military service or that CSS cannot determine whether the NCP is in military service. If unsure whether the NCP is in the military service, contact the Defense Manpower Data Center to verify military service.