SCRA military status: statute versus court form

Section 3931 applies to a civil action or proceeding, including a child-custody proceeding, in which the defendant does not make an appearance. Before judgment for the plaintiff, the court must require an affidavit stating whether the defendant is in military service, with the necessary facts, or stating that the plaintiff cannot determine that status.

Subsection (b)(4) allows that requirement to be met by a written statement, declaration, verification, or certificate subscribed and certified or declared to be true under penalty of perjury. Subsection (c) punishes a person who makes or uses a false affidavit or false substitute knowing it to be false.

The Florida Courts PDF of Form 12.912(b), revision 11/15, says an affidavit of military service is used when the respondent has not answered or appeared. The instructions say to sign before a notary public or deputy clerk and to attach the military verifications.

This page does not quote a notarial certificate from that form. The instruction sentence is the official source for the notary-or-deputy-clerk step. Do not ignore the form the court issued because the federal statute allows another path, and do not treat the federal statute as if every court form were a declaration.

The affiant owns the military-status facts. The notary, when the form uses an oath, administers that oath and completes the certificate. The notary does not search military records or decide the status.

No express recipient-acceptance source was identified in the official materials reviewed. Remote online notarization is performed under the law of the online notary's commissioning state. When the commission is a Florida commission, Florida Statutes §§117.209, 117.215, and 117.265 describe the online notarial act. They do not say a court, agency, or company accepts the result.

Law-firm and default teams can send the unsigned form and the court name for a review of the signature block before anyone is scheduled. There is no dashboard, volume price, or court-filing service.

Not sure whether your exact court or recipient form requires a notarial act? Send the unsigned document and recipient instructions for review.

Need an affidavit or sworn document notarized? Start an online notary request only when the form in front of you prints the oath or clerk block described above.

No express recipient-acceptance source was identified in the official materials reviewed. Remote online notarization is performed under the law of the online notary's commissioning state.