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Default Judgments


Default Judgments

           As recently amended by Congress, the federal Servicemembers’ Civil Relief Act (50 U.S.C. App. 521, § 201) requires that before granting a default judgment, state courts first obtain an affidavit that sets forth facts (i.e., not hearsay, and not matters asserted “on information and belief,” etc.) sufficient to show that the defendant against whom a default judgment is sought is not currently active and serving in the United States Armed Forces.  At this time, with our military actively deployed around the world, and our National Guard and Reserves likewise experiencing increased levels of active duty, Congress’ concern to protect the men and women of the U.S. military is understandable.

The Court finds that Motions for Default Judgment submitted to it for ruling more often than not fail to meet this heightened requirement.  In the hope of minimizing the expense to lawyers and litigants from repeated denials of default judgment motions, the Court hereby refers parties to the following information source that can assist in submitting factually-based non-military affidavits:


                                         Department of Defense – Manpower Data Center

                                         1600 Wilson Blvd., Suite 400, Arlington, VA 22209-2505 

                                          website:  https://www.dmdc.osd.mil/scra/owa/home



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