To get a military affidavit, bring the unsigned document and your military or government-issued ID to a military legal assistance office, where a judge advocate or other authorized notary will help finalize the wording, watch you sign, and notarize it at no charge if you’re eligible for legal assistance. If no office is within reach, a commanding officer or other service member designated under service regulations can perform the same notarial act.1Office of the Law Revision Counsel. United States Code Title 10 – 1044a
Steps to Get the Affidavit
Start by finding the nearest legal assistance office. The Armed Forces Legal Assistance locator at legalassistance.law.af.mil lists offices across the continental United States and points to online tools for overseas and deployed locations.2Armed Forces Legal Assistance. Armed Forces Legal Assistance Call ahead and book an appointment. Walk-in availability varies by installation, and the authorized notary isn’t always in the office.
Before you go, pin down exactly what facts the affidavit needs to establish. For a Servicemembers Civil Relief Act filing, that usually means the individual’s full name, date of birth, and Social Security number. For anything else, the court, lender, or agency requesting the affidavit should tell you what it must contain. Gather supporting paperwork that backs up those facts: military orders, deployment records, pay documentation, or correspondence from the party asking for the affidavit.
Bring your military ID or another government-issued photo ID, and bring the document unsigned. The notary has to witness your signature in person, so signing beforehand defeats the purpose.3U.S. Army. Army Notary Services
At the appointment, explain the purpose and hand over your information. A legal assistance attorney will help draft or review the affidavit so it covers what the requesting party needs and meets legal requirements. Once you’ve read the draft and confirmed everything is accurate, you sign in front of the authorized official, who notarizes it on the spot. You leave with the finished document.
Deployed or stationed somewhere without a legal assistance office? Ask your unit’s legal representative. Some installations route notarial services through commanding officers or other personnel designated under service regulations.
Who Can Notarize a Military Affidavit
Federal law gives several categories of military personnel the same notarial powers as a civilian notary public or U.S. consul:
- All judge advocates, including reserve judge advocates whether or not they’re on active duty.
- Civilian attorneys serving in military legal assistance roles.
- All adjutants, assistant adjutants, and personnel adjutants, including reservists.
- Other uniformed service members designated by service regulations or statute.
- Civilian paralegals at military legal assistance offices working under a legal assistance counsel’s supervision.
- Designated military department or Coast Guard employees performing notarial acts outside the United States.
They can notarize documents for active-duty members of any uniformed service, people eligible for legal assistance, civilians serving with or employed by the armed forces overseas, and anyone subject to the Uniform Code of Military Justice outside the United States.1Office of the Law Revision Counsel. United States Code Title 10 – 1044a
Who Qualifies for Free Legal Assistance
The notary service is free, but eligibility for military legal assistance is defined by statute. You qualify if you fall into one of these groups:
- Active-duty service members of any branch.
- Retirees and former members entitled to retired or retainer pay.
- Certain reserve component members called to active duty for more than 30 days under a mobilization authority, for a period after release at least twice the length of their active service.
- Dependents of anyone in the groups above.
- Survivors of deceased members who were dependents at the time of death.
- Federal civilian employees stationed where civilian legal assistance isn’t reasonably available.
The details for survivors and civilian employees are set by each service branch’s regulations.4Office of the Law Revision Counsel. United States Code Title 10 – 1044 Eligible personnel pay nothing for notary services.5Joint Base Langley-Eustis. Notary Services
Common Reasons You Might Need One
The most common use is protecting or opposing a default judgment under the Servicemembers Civil Relief Act. Before a court can enter a default judgment against a defendant who hasn’t appeared, the plaintiff must file an affidavit stating whether the defendant is on active military duty, or stating that the plaintiff can’t determine the status. The rule protects service members who may be unable to respond to lawsuits because of their military obligations.6Office of the Law Revision Counsel. United States Code Title 50 – 3931 The SCRA covers active-duty service members, including National Guard and reserve members called to active duty, and their families, and comes up often in foreclosure, eviction, and debt collection cases.7Military OneSource. Servicemembers Civil Relief Act
Other situations call for military affidavits too. Family law cases often need a commanding officer’s sworn statement of a service member’s rank, branch, anticipated service dates, and gross income broken down by base pay and allowances. Residency questions, insurance claims, and personal business transactions can also require sworn statements. What the affidavit says depends entirely on what the requesting party or court needs it to address.
If You’re Trying to Verify Someone Else’s Military Status
If you’re a creditor, landlord, or plaintiff who needs to confirm active-duty status before filing a court action, you don’t need to get a military affidavit from the service member. The Department of Defense runs a free SCRA portal through the Defense Manpower Data Center where you can request a status certificate directly.8Defense Manpower Data Center (DMDC) SCRA Portal. SCRA
The system pulls from the Defense Enrollment Eligibility Reporting System and confirms whether the individual is currently on active duty under Title 10, left active duty within the past 367 days, or has received notification to report. The certificate DMDC issues often satisfies the SCRA affidavit requirement for default judgment proceedings on its own.9United States Courts. Servicemembers Civil Relief Act (SCRA)
Penalties for a False Affidavit
Every fact in the affidavit needs to be accurate. Under the SCRA, anyone who knowingly makes or uses a false military-status affidavit in connection with a default judgment can face a fine under federal law, up to one year in prison, or both. The penalty reaches civilians and service members alike.6Office of the Law Revision Counsel. United States Code Title 50 – 3931
Service members face additional exposure under the Uniform Code of Military Justice. Article 131 covers anyone who willfully gives false testimony under oath or subscribes a false statement under penalty of perjury in a judicial proceeding, and a conviction is punishable as a court-martial may direct.10Office of the Law Revision Counsel. United States Code Title 10 – Art. 131 Perjury Read the draft carefully before you sign.