Can this affidavit be e-signed?

Yes in most jurisdictions. Under the ESIGN Act and UETA, electronic signatures are valid if the signer shows intent, consents, the signature can be attributed, and the record is retained. Verify state notary and RON rules before relying on remote notarization.

Is notarization required for this affidavit?

Notarization is commonly required to prove the oath and make the affidavit admissible. Requirements vary by state and by intended use; some jurisdictions accept e-notaries or RON while others require in-person acknowledgment. Confirm with the receiving court or agency.

What information must the affidavit include?

At minimum include the affiant's full name, the subject's full legal name, factual basis for the statement, effective date, and a notarized jurat or acknowledgment. Attach supporting evidence when available to strengthen the declaration.

How should RON and e-notary be handled?

If state law permits RON, use identity proofing, recorded audio-video sessions, and retain notarization logs per state rules. Ensure the RON provider meets legal and technical standards for evidence and that courts in the jurisdiction accept remote notarizations.

Can a mistaken affidavit create liability?

Yes; knowingly false statements can expose the affiant to perjury charges and civil liability. Even inadvertent errors can lead to rejected filings, delays, contested proceedings, and possible sanctions. Correct mistakes promptly with amended affidavits and proper notarial reexecution.

How long should signed affidavits be retained?

Retain the original notarized affidavit for the life of the related proceeding plus several years. Follow federal baselines (IRS three years, HIPAA six years) and specific industry or state retention rules; document storage must allow reproduction on demand.

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Affidavit of Non-Military Service

Affidavit of Non-Military Service

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AFFIDAVIT OF NON-MILITARY SERVICE

Form 405

(Rev. 06/10)

The Family Court of the State of Delaware

In and For New Castle Kent Sussex County

Petitioner

Name:

Street Address:

P.O. Box Number:

City/State/Zip Code:

Date of Birth:

Attorney Name:

Respondent

Name:

Street Address:

P.O. Box Number:

City/State/Zip Code:

Date of Birth:

Attorney Name:

File Number:

Petition Number:

STATE OF DELAWARE

COUNTY

)

SS.

BE IT REMEMBERED, that on this date, , , personally appeared before me, a Notary Public for the State of Delaware in the County declared above, , ("Affiant”), who, being duly sworn by me according to law, did depose and say:

That Affiant is the Petitioner in the above captioned civil action;
That Respondent is not in the military service of the United States of America; and
That Affiant has made this Affidavit pursuant to the provisions of § 521 of the Servicemember's Civil Relief Act (50 USCS App. § 501et. seq.)

Petitioner

SWORN TO AND SUBSCRIBED before me this date,

Clerk of Court/Notary Public

What an Affidavit of Non-Military Service Is

An Affidavit of Non-Military Service is a sworn statement in which an individual declares under oath that a specified person is not on active duty in the U.S. armed forces. Courts, lenders, landlords, and government agencies commonly require this affidavit to confirm that proceeding with actions such as foreclosure, eviction, or service of process will not violate protections under federal statutes like the Servicemembers Civil Relief Act. The affidavit typically identifies the subject, states the affiant's relationship, provides dates, and is signed before a notary or other authorized official to establish authenticity and admissibility.

Why this affidavit matters in civil and administrative actions

Use an Affidavit of Non-Military Service to document whether a person is on active military duty, reducing legal risk when pursuing actions like repossession, eviction, or foreclosure. It provides sworn evidence usable in court and administrative processes.

Who typically prepares or requests this affidavit

Typical users who prepare or request an Affidavit of Non-Military Service include local clerks, lenders, landlords, and legal counsel managing civil actions.

Landlords and property managers seeking to proceed with eviction where SCRA status must be verified.
Mortgage servicers or lenders confirming borrower status before foreclosure actions or notice filings.
Court clerks, process servers, and attorneys preparing sworn statements for civil or administrative records.

Essential sections to include in a professional affidavit

Core sections ensure clarity, identity verification, and legal authentication to make the affidavit admissible and defensible in court or administrative proceedings.

Caption

Document title, court or case caption when used in litigation, and a clear statement identifying the affidavit as an Affidavit of Non-Military Service, including docket or case number when applicable.

Affiant Info

Full name, relationship to the subject, contact information, and a statement that the affiant has personal knowledge and believes the subject is not on active military duty.

Subject Details

Subject's full legal name, any known aliases, date of birth, last known address, and any identifying numbers used to confirm identity, such as a driver's license or government ID number.

Statement

A clear sworn declaration that the subject is not on active duty in the U.S. armed forces, written in first person and specifying which facts support the assertion.

Notary Block

Notary acknowledgment or jurat including date, notary signature and seal, venue (county and state), and notary commission details to validate the oath and expiration or commission number where required by the state.

Optional Evidence

Attach supporting documentation such as military records checks, correspondence from military personnel offices, or a certificate of non-service when available with file dates, agency names, and redacted personal data as appropriate.

Step-by-step: complete and authenticate the affidavit

Follow these steps to complete and authenticate an Affidavit of Non-Military Service for filing or submission.

01

Prepare Document: Enter subject and affiant details.
02

Swear and Sign: Affiant signs under oath before notary.
03

Notarize: Notary completes jurat or acknowledgment.
04

Record or File: Submit to clerk, lender, or retaining party.

How the affidavit moves from draft to acceptance

Typical routing shows how the affidavit moves from preparation to acceptance by courts, servicers, or administrative bodies.

Draft: Fill fields and attach evidence.
Authenticate: Affiant signs; notary notarizes document.
Deliver: Provide affidavit to filing recipient.
Retain: Keep certified copy per retention rules.

Configuring an electronic workflow for affidavits

Configure an electronic workflow to collect signatures, add notary steps, and route completed affidavits to required parties securely.

Field	Configuration
Signers	Add signer emails, role order, and access codes.
Authentication	Use email link, SMS, or ID verification.
Notary Step	Insert jurat or acknowledgment step for live or RON notaries.
Delivery	Auto-send signed copies to specified recipients.

Technical considerations for electronic and remote notarization

Electronic completion needs compatible file types, secure transmission, and signer authentication options.

File Formats: PDF, DOCX, and HTML accepted.
Integrations: Works with Salesforce and Google Workspace.
Encryption: TLS in transit; AES-256 at rest.

Legal risks and penalties for incorrect affidavits

Perjury Risk: False statement may be perjury.

SCRA Claims: Incorrect affidavit can trigger SCRA defense.

Filing Rejection: Clerks may reject notarization errors.

Delay in Proceedings: Missing or wrong data causes delays.

Financial Exposure: Foreclosure or eviction contested costs increase.

Invalid Service: Service of process may be invalidated.

Common preparation mistakes to avoid

Using informal or incomplete identification details leads to ambiguity; include full legal names, dates of birth, and precise addresses to prevent challenges to the affidavit's accuracy.
Failing to notarize when required or using an improper jurat/acknowledgment format can cause the document to be rejected by courts or administrative bodies.
Relying on outdated or unofficial military verification methods may produce false negatives; obtain current records or certified confirmations where available.
Overlooking state-specific RON or witness rules may invalidate an otherwise properly sworn affidavit; always confirm state notary laws before e-signing or remote notarization.

Practical safeguards for reliable affidavits

Follow these best practices to reduce risk, speed acceptance, and maintain evidentiary integrity of the affidavit across jurisdictions.

Verify identity against authoritative documents

Compare affiant and subject names to government-issued photo IDs and, where permitted, run an official military status search; keep copies of the verification records attached or cross-referenced to the affidavit.

Use clear jurat or acknowledgment language

Adopt a jurat that explicitly records the affiant's oath, the date, and the notary's commission details; avoid handwritten abbreviations and include the venue to ensure acceptance in courts and administrative filings.

Retain certified copies and audit trail

Store the original notarized affidavit and a certified electronic copy; if using RON or e-signatures, retain system audit logs, identity-proofing records, and any recorded A/V sessions required by state law.

Confirm acceptance with recipient before filing

Contact the court clerk, lender, or agency to verify format, notary type (in-person or RON), and any required attachments to reduce the chance of rejection or processing delays before submission.

How organizations use the affidavit in practice

Real-world examples show how the affidavit is used in eviction, foreclosure, and administrative service contexts to meet statutory protections and procedural requirements.

Property Management

A property manager filed an Affidavit of Non-Military Service to confirm the tenant was not on active duty before serving an eviction notice, complying with tenant protections.

Quick verification reduced processing delay.
The manager attached a notarized affidavit and a printout from the Defense Manpower Data Center confirming non-service; the court accepted the filing and the case proceeded without SCRA objection or delay.

Mortgage Servicer

A mortgage servicer used the affidavit to document borrower status during pre-foreclosure notices, creating a record to show compliance with federal protections and internal policies.

Reduced litigation risk and delays.
By storing notarized affidavits and e-signed copies in the loan file, the servicer demonstrated due diligence during audits and minimized potential SCRA-based defenses raised by borrowers or regulatory findings.

Pricing and feature snapshot for common eSignature platforms

Compare common vendor features relevant to executing an Affidavit of Non-Military Service, with signNow listed first per platform capabilities and compliance.

	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	Varies	Varies	Varies
Bulk Send	Available (Business Premium)	Yes	Yes	Yes	Varies
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions and practical answers

Answers to common questions about preparing, signing, notarizing, and filing an Affidavit of Non-Military Service, including e-signature and RON considerations.

Need help? Contact support

Can this affidavit be e-signed?
Yes in most jurisdictions. Under the ESIGN Act and UETA, electronic signatures are valid if the signer shows intent, consents, the signature can be attributed, and the record is retained. Verify state notary and RON rules before relying on remote notarization.
Is notarization required for this affidavit?
Notarization is commonly required to prove the oath and make the affidavit admissible. Requirements vary by state and by intended use; some jurisdictions accept e-notaries or RON while others require in-person acknowledgment. Confirm with the receiving court or agency.
What information must the affidavit include?
At minimum include the affiant's full name, the subject's full legal name, factual basis for the statement, effective date, and a notarized jurat or acknowledgment. Attach supporting evidence when available to strengthen the declaration.
How should RON and e-notary be handled?
If state law permits RON, use identity proofing, recorded audio-video sessions, and retain notarization logs per state rules. Ensure the RON provider meets legal and technical standards for evidence and that courts in the jurisdiction accept remote notarizations.
Can a mistaken affidavit create liability?
Yes; knowingly false statements can expose the affiant to perjury charges and civil liability. Even inadvertent errors can lead to rejected filings, delays, contested proceedings, and possible sanctions. Correct mistakes promptly with amended affidavits and proper notarial reexecution.
How long should signed affidavits be retained?
Retain the original notarized affidavit for the life of the related proceeding plus several years. Follow federal baselines (IRS three years, HIPAA six years) and specific industry or state retention rules; document storage must allow reproduction on demand.

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