#1
5th May 2015, 09:51 AM
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Default judgment SCRA
I am researching about the Service members Civil Relief Act (SCRA) so for this will you please tell me from where I can download the PDF file of the Affidavit-Default Judgment Service members Civil Relief Act? Also tell me what is the meaning of this act? Why this Service member Civil Relief Act (SCRA) is made? What is Default judgment of SCRA?
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#2
22nd October 2019, 03:10 PM
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Re: Default judgment SCRA
Hello sir, Im member of Servicemembers Civil Relief Act. I want to know that what I can do if any default judgment against me?
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#3
22nd October 2019, 03:13 PM
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Re: Default judgment SCRA
The Servicemembers Civil Relief Act is protects servicemembers from default judgments. The Default judgment is a legal term for court orders that are entered against a party who doesnt show up for the hearing. Only in limited circumstances can a default judgment order be entered against you if you do not appear in court because of your military service obligations. The SCRA also allows you to obtain a delay in court and administrative hearings. Here is PDF for Rules of Servicemembers Civil Relief Act: Rules of Servicemembers Civil Relief Act Rules of Servicemembers Civil Relief Act: Servicemembers May Set Aside or Vacate Default Judgments: The SCRA allows the servicemember to vacate a default judgment against him/her in civil actions where: The servicemember defendant did not make an appearance in court; and The servicemember did not receive any notice of the proceedings. If a defendant has not appeared in the proceedings, the plaintiff must provide to the court a sworn affidavit stating whether or not the defendant is in the military (or not sure).1 If it appears the defendant is on active duty: The court or administrative body may not enter a judgment against the defendant until it has appointed an attorney to represent the member; The court or administrative body must grant a stay of proceedings for a minimum period of 90 days upon application by the servicemember's appointed counsel. If it appears that the court or administrative body is not sure the defendant is on active duty: The court or administrative body may require the plaintiff to file a bond to indemnify the defendant against any damages that may result in the event the default judgment is later set aside; |
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