This Land Court Military Affidavit form may be used in all Land Court case types where the filing of a Military Affidavit is applicable.  The Land Court Military Affidavit is in PDF fillable format and complies with both the Servicemembers Civil Relief Act (the “SCRA”), 50 U.S.C. § 3931(b), and Mass. R. Civ. P. 55(b)(4). 

The SCRA requires an affiant to “show[] necessary facts to support the affidavit,” SCRA § 3931(b)(1)(A), and accordingly, the Supporting Facts section of the form must be completed prior to filing.  This may include facts actually known via contact with the party.  If the Defendant’s/Respondent’s social security number and other identifying information is known, a search to determine whether he or she is on active military duty can be made online at the Department of Defense Manpower Data Center website, https://scra.dmdc.osd.mil/.  Otherwise, you may write to the appropriate military service headquarters, listed at http://www.defense.gov/Sites.  If you are unable to determine whether the Defendant/Respondent is on active military duty, the court may require you to post a bond or may issue other orders to protect the rights of the Defendant/Respondent if he or she is on active military duty.