Service members Civil Relief Act

Service members Civil Relief Act

The Servicemembers Civil Relief Act (“SCRA”, successor to the Soldiers and Sailors Relief Act) accords certain protections and rights to individuals who are either on active military duty or recently retired. The purpose of the Act is to allow the servicemembers to perform their valuable duties without the worry of civil prosecution, foreclosure or eviction under most circumstances. Before a court will permit such actions, the court will require certification that a military search has been conducted to confirm that the individual is not entitled to the protections of the Act. The proof may be required again later in the proceedings before certain collections or enforcement action is sought.  Proof of that verification is usually in the form of an affidavit which may be called a “military affidavit”, “non-military affidavit”, “nonmilitary affidavit”, “Active Duty Verification Affidavit”.  The Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS) is available on-line and permits SCRA searches even if no social security number or date of birth of the individual is available. In addition, SCRACVS provides full tracking, covers recently retired personnel, and provides unequivocal responses. Further, for large-scale verifications, a batch processing system is available.   The Defense Manpower Data Center (DMDC or DMDC.osd) has more limitations as a resource because it is unable to conduct an unequivocal active duty military verification or search unless a Social Security Number (SSN) is provided. If a date of birth alone is provided to the DMDC, it will issue a strong disclaimer indicating that the military certification is not guaranteed if no SSN was provided. Some courts will not accept a response with such a disclaimer. The response from SCRACVS generally does not include this disclaimer. Information secured from us does not constitute a “consumer report” as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA). Accordingly, information secured from us may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another permissible purpose under the FCRA. Due to the nature of the origin of public record information, the public records and commercially available data sources used in reports may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. Our product and services aggregate and report data, as provided by the public records and commercially available data sources, and are not the source of the data.