January 1, 2006
Even though it may not seem like it sometimes, we are at war! Because of this,
an issue affecting process service has surfaced.
Recently, some judges have been requiring that a "soldier's and sailor's"
affidavit be provided by attorneys seeking a default judgment against defendants
that have not filed an answer in a law suit. This is happening in both state and
federal courts.
There are two ways to address this issue. One is to use the defendant's name
and social security number and go to the U.S. Department of Defense web site
and check. The problem with this method is finding a valid social security
number can sometimes be difficult, time consuming and expensive. Some
defendants do not have a s.s.n. which makes this method impossible. Also, the
defendant's name must be spelled correctly. If you use this method, it is
recommended that you print out the confirmation page and attach it to your
affidavit/return.
Another, more efficient way to is to simply ask the defendant when you serve
them with process. Ask if they are "an active member of the armed forces of the
United States of America". Then, when you prepare your return of service,
simply include a sentence indicating that you spoke with the defendant on a
certain date and "the defendant stated he/she is not an active member of armed
forces of the United States of America."
Do this and your clients will be very happy when they move for default
judgments and they will thank you for having the foresight to include this
information in your officer's return.
HELPFUL NOTE: Spanish translation-
Are you an active member of the armed forces of the United States of America?
Es usted un miembro activo de las fuerzas armadas de lo Estados Unidos de
America?