Military-Status Affidavits Before a Missouri Eviction Default Judgment
When a defendant has not appeared in a civil proceeding, the Servicemembers Civil Relief Act imposes military-status requirements before a default judgment is entered. Missouri eviction cases can fall within that federal protection. The key provision is 50 U.S.C. § 3931, and a landlord should address it before asking the court to enter default.
A tenant’s absence does not establish that the tenant is not serving in the military. A civilian job listed on an old application, silence in response to a notice, or a manager’s impression is not a reliable substitute for the required factual inquiry.
View this graphic at full size. Graphic references: 50 U.S.C. § 3931.
What the affidavit must address
Section 3931(b)(1) requires an affidavit stating whether the defendant is in military service and showing necessary facts supporting the statement, or stating that the plaintiff cannot determine the defendant’s military status. The statute also permits specified written statements certified or declared true under penalty of perjury to satisfy the affidavit requirement.
Identify the particular defendant and the date relevant to the proposed judgment. Where several tenants are named, do not assume that information about one answers the question for all. Keep the supporting records with the court file and follow the applicable filing procedure. See 50 U.S.C. § 3931.
Reliable records are more useful than assumptions
Counsel may use appropriate military-status records and other reliable information to support the filing. Names, identifying information, dates, and the record’s limitations require attention. A search that does not reliably identify the defendant should not be turned into an unqualified statement that the person is not in military service.
Use lawfully obtained information and handle sensitive identifying data carefully. The practical objective is an accurate court filing supported by facts. If the information is insufficient, the statute provides a way to state that status cannot be determined rather than guessing.
What happens when military service appears to apply?
Under § 3931(b)(2), if it appears the defendant is in military service, the court may not enter judgment until it appoints an attorney to represent the defendant. If the appointed attorney cannot locate the servicemember, the attorney’s actions do not waive the servicemember’s defenses or otherwise bind the servicemember as described in the statute.
Section 3931(d) also provides a minimum ninety-day stay when its specified findings are made, including circumstances concerning a possible defense requiring the defendant’s presence or counsel’s inability after due diligence to contact the defendant or determine whether a meritorious defense exists. It is a conditional statutory protection, not a statement that every rental case involving any military connection has the same automatic delay.
What if military status cannot be determined?
The statute addresses that situation too. If the court cannot determine status from the affidavits, it may require a bond before entering judgment to protect against specified loss if the defendant is later found to be in military service. The court can issue appropriate protective orders under the law.
The landlord should therefore present the uncertainty accurately and let counsel address the statutory procedure. A form’s yes-or-no boxes do not authorize someone to certify a fact they cannot support. Knowingly false statements under the provision can carry serious consequences. See 50 U.S.C. § 3931.
A hypothetical default request
Suppose two tenants fail to appear at an eviction hearing. Management has reliable current information about one tenant, but the other recently sent a message mentioning military orders. A single blanket statement that neither is serving would disregard information already in the file.
The attorney should examine each defendant’s situation, obtain appropriate support, and address any required appointment or stay procedure. The example illustrates why the military-status inquiry belongs before the default request, rather than becoming an afterthought when enforcement is about to occur.
Keep military protections separate from service and payment issues
Compliance with the SCRA does not cure defective service or prove the amount of unpaid rent. Missouri’s service rules in § 535.030, RSMo and the underlying claim still require attention. Likewise, the SCRA’s default protections differ from a servicemember’s lease-termination rights under 50 U.S.C. § 3955.
If a defendant has appeared, other SCRA provisions may become relevant; § 3931 specifically focuses on proceedings in which the defendant does not make an appearance. Do not use one default affidavit as a substitute for reviewing the entire case.
For related questions, read Military Orders and Your Missouri Lease: How SCRA Termination Works and Eviction Papers Posted on Your Door in Missouri: Do You Have to Go to Court?.
Apex Law provides Missouri landlord-tenant legal services to Missouri landlords and tenants. contact Apex Law with the lease, service documents, military-status information, and docket before seeking or responding to a default judgment. This article supplies general information and does not establish the military status of any individual or the court procedure for a particular case.
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