What is required for SCRA verification?

Describe the method used to check military status (SAM search or written inquiry), include dates and supporting documentation, and explain the result within the affidavit.

Can the affidavit be notarized remotely?

Remote online notarization is permitted where state law allows; verify the state’s RON rules, identity-proofing, and record retention requirements before relying on RON.

What exhibits should be attached?

Attach payment histories, default notices, service of process proof, and any correspondence relevant to SCRA inquiries; label exhibits and reference them in the affidavit text.

Who must sign the affidavit?

An affiant with personal knowledge must sign under oath; if prepared by counsel, the filer should still ensure the affiant has direct knowledge and appears before an authorized officer.

How long to retain the affidavit?

Retain court filings for the duration of appeals plus recommended post-termination periods; follow IRS (3 years) and HIPAA (6 years) retention where applicable.

What happens if SCRA protections were missed?

Courts may vacate default judgments or impose remedies; if SCRA compliance is in doubt, disclose the issue promptly and consult counsel to mitigate exposure.

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Affidavit in Support of Default and SCRA Compliance

Affidavit in Support of Default and SCRA Compliance

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Affidavit in Support of Default and SCRA Compliance Is

An Affidavit in Support of Default and SCRA Compliance is a sworn written statement submitted to a court or tribunal to document that a party is in default and that the procedural safeguards required by the Servicemembers Civil Relief Act (SCRA) have been observed. The affidavit typically sets out the status of the underlying obligation, the actions taken to provide required notices, verification that the defendant is not an active servicemember (or that notice procedures were followed), and citations to supporting documents. It is executed by a person with knowledge and is often notarized or accompanied by proof of authentication.

Why this affidavit matters for enforcement and compliance

This affidavit both supports procedural steps to enter default and documents compliance with the SCRA, reducing the risk of later vacatur or statutory penalties. It creates a record that the court can review to verify proper notice and servicemember protections.

Who typically prepares and files this affidavit

The affidavit should be completed by someone with direct knowledge of the facts stated and the authority to swear to them.

Mortgage servicers and banks handling loan defaults and foreclosure matters.
Plaintiffs or their counsel in civil judgment or debt collection proceedings.
In-house legal teams or third-party vendors preparing court filing packages.

Core parts of a professional Affidavit in Support of Default and SCRA Compliance

A well-structured affidavit presents facts in a clear sequence and attaches corroborating exhibits. Each component supports the legal basis for default while addressing SCRA procedural protections.

Case Caption

Court name, caption, docket or case number, and party names exactly as used in the court filing; ensures the affidavit is associated with the correct matter.

Statement of Default

Concise factual account of missed payments or other covenant breaches, including dates and amounts, with a clear statement that default has occurred under the contract.

SCRA Certification

Affiant must state the steps taken to determine military status, note any responses, and affirm compliance with SCRA notice or stay requirements where applicable.

Amount Owing

Itemized calculation of sums due (principal, interest, fees), with reference to account statements or ledger excerpts attached as exhibits.

Supporting Exhibits

Attach documents that corroborate facts (payment history, notices sent, affidavits of service, correspondence, account statements) and label exhibits sequentially.

Oath and Signature

Affiant’s printed name, signature, date, and notary acknowledgement or other authorized verification method to establish the statement’s sworn status.

Step-by-step: completing and filing the affidavit

Follow a consistent sequence to prepare, sign, and submit the affidavit to minimize rejection risk and preserve SCRA protections.

01

Prepare Draft: Assemble facts, account records, and SCRA search results before drafting.
02

Attach Exhibits: Label and append supporting documents referenced in the affidavit.
03

Swear and Notarize: Affiant signs under oath; use in-person or remote notarization per jurisdiction.
04

File with Court: Submit to the clerk or e-filing system according to local rules.

Configuring a digital workflow for this affidavit

Design a repeatable electronic workflow to collect signatures, attach exhibits, and produce a certified audit trail for court filings.

Field	Configuration
Upload Document	Accept PDF or Word; preserve pagination and exhibit labels.
Signature Placement	Add signature, date, and initial fields where required.
Authentication	Use at least email and optional SMS or ID verification.
Retention Settings	Enable audit trail and exportable signed PDF with certificate.

Where to send the affidavit and related documents

Route the signed affidavit to the appropriate judicial and administrative recipients following local filing rules and service requirements.

Court Clerk: File through the court’s e-filing portal or in-person clerk’s office.
Opposing Counsel: Serve the opposing party per local civil procedure rules.
Internal Records: Retain a signed copy in the matter file with exhibits and audit trail.
SCRA Verification Agencies: Keep evidence of SAM searches or communications used to verify service status.

Technical considerations for eSigning and submission

Preserve a timestamped audit trail and notarization evidence to support admissibility and to demonstrate SCRA compliance.

File Formats: PDF and DOCX widely accepted by courts.
Authentication: Email + SMS or stronger methods recommended.
Integrations: E-filing or case management connectors reduce manual steps.

Timing and filing windows to consider

Deadlines vary by court and procedure; check local rules and SCRA timing obligations before proceeding to default or judgment.

Service and Notice:

Provide required pre-default or SCRA notices where applicable; timing follows local rule.

Affidavit Filing:

File when the record of default and SCRA verification is complete.

Court Orders:

Observe any court-ordered stays for active servicemembers.

Record Retention:

Keep proof of searches and notices for the period required by law.

Local Variations:

State and federal courts may impose different procedural timing.

Key milestones from default to judgment

Track milestones in sequence to ensure evidence, notice, and procedural requirements are met before seeking a default judgment.

01

Pre-Default Review

Confirm account status and supporting records before sending notice.

02

Provide Notice

Deliver contractual notices and SCRA-related inquiries to the defendant.

03

Affidavit Preparation

Draft affidavit and assemble exhibits after notice period expires.

04

Filing and Entry

File affidavit and request entry of default per court rules.

Common mistakes to avoid when preparing this affidavit

Failing to attach or properly label supporting exhibits, which can lead to rejection or supplemental filings and delay.
Using inconsistent names or account identifiers between filings and exhibits, producing confusion and possible challenge of authenticity.
Neglecting to document the SCRA search method and results, leaving unresolved servicemember status questions for the court.
Omitting a notarization or using an impermissible remote-notarization method for the jurisdiction, risking later invalidation.

Consequences of an incorrect or incomplete affidavit

Vacated Default: Court may set aside default if procedural errors exist.

SCRA Liability: Noncompliance can expose the filer to remedies or delay.

Evidence Excluded: Missing exhibits may be excluded by the court.

Filing Delays: Incorrect filings extend timelines and increase costs.

Reputational Risk: Repeated errors can harm standing with courts.

Additional Costs: May require new filings, hearings, or attorney time.

Data and security details to protect sensitive affidavit content

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Immutable signing timestamps and IP logs

Compliance: ESIGN and UETA adherence

HIPAA Support: BAA available where required

21 CFR Part 11: Controls for regulated records

Access Controls: Role-based permissions and SSO

Practical examples of affidavit use in common scenarios

These example scenarios show how an affidavit supports default proceedings and documents SCRA steps in different contexts.

Mortgage Servicer Example

A loan servicer documents payment history and required notices in an affidavit to request entry of default.

Exhibits included payment ledger and notice copies.
The court accepted the filing after review, and the servicer retained audit logs and SCRA verification to defend the record on motion to set aside.

Commercial Landlord Example

A landlord files an affidavit detailing unpaid rent, lease provisions, and tenant service attempts.

Included SCRA check confirming non-servicemember status.
The affidavit and attached correspondence supported a straightforward default entry while preserving evidence for collection and potential appeal.

eSignature vendor comparison for affidavit workflows and SCRA documentation

Compare starting prices and key feature availability across vendors commonly used to execute affidavits and supporting exhibits electronically.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about affidavits, defaults, and SCRA compliance

Answers to common questions about preparing, signing, and filing an Affidavit in Support of Default and SCRA Compliance.

Need help? Contact support

What is required for SCRA verification?
Describe the method used to check military status (SAM search or written inquiry), include dates and supporting documentation, and explain the result within the affidavit.
Can the affidavit be notarized remotely?
Remote online notarization is permitted where state law allows; verify the state’s RON rules, identity-proofing, and record retention requirements before relying on RON.
What exhibits should be attached?
Attach payment histories, default notices, service of process proof, and any correspondence relevant to SCRA inquiries; label exhibits and reference them in the affidavit text.
Who must sign the affidavit?
An affiant with personal knowledge must sign under oath; if prepared by counsel, the filer should still ensure the affiant has direct knowledge and appears before an authorized officer.
How long to retain the affidavit?
Retain court filings for the duration of appeals plus recommended post-termination periods; follow IRS (3 years) and HIPAA (6 years) retention where applicable.
What happens if SCRA protections were missed?
Courts may vacate default judgments or impose remedies; if SCRA compliance is in doubt, disclose the issue promptly and consult counsel to mitigate exposure.

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