A non-military affidavit in Texas is a sworn statement, filed by the plaintiff before a default judgment can be granted, confirming whether the defendant is on active military duty. Federal law at 50 U.S.C. § 3931 requires it in every civil case where the defendant has not answered, whether the matter is a debt suit, an eviction, a divorce, or a custody case.1Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Without one on file, a Texas judge will not sign your default judgment.
When You Need One
The requirement applies in every Texas civil court, from district courts down to justice of the peace courts, and it applies regardless of the type of case. If you are asking a judge to rule for you because the other side never responded, you need this document. A default judgment entered without it is vulnerable to being set aside later.
The Servicemembers Civil Relief Act protects people on active duty in the Army, Marine Corps, Navy, Air Force, Coast Guard, and Space Force, reservists and National Guard members on federal active-duty orders, and commissioned officers of the Public Health Service and NOAA on active duty. Some dependents also receive protection.2Consumer Financial Protection Bureau. Servicemembers Civil Relief Act You do not have to sort out who qualifies yourself; the Defense Manpower Data Center does that for you.
Step 1: Run the DMDC Search
The Defense Manpower Data Center operates the official verification system at scra.dmdc.osd.mil, and it runs around the clock.3Defense Finance and Accounting Service. Garnishment – Verification of Military Service Create a free account, then submit a search using the defendant’s last name and Social Security number. The system checks the Defense Enrollment Eligibility Reporting System and returns a certificate stating whether the person is currently on Title 10 active duty. Save or print that certificate. It becomes an exhibit to your affidavit.
If you do not have the defendant’s Social Security number, the search may not return a definitive result. In that situation, document the steps you took to find the information, because your affidavit will have to describe them. Do not skip the search and rely on your own belief that the defendant is a civilian. Courts expect to see the DMDC certificate, and filings that arrive without one tend to get rejected by the clerk or refused by the judge.
Step 2: Draft the Affidavit
Your affidavit has to state one of three things: the defendant is not in military service, the defendant is in military service, or you were unable to determine the defendant’s military status.1Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The DMDC certificate tells you which one applies.
You do not have to draft the document from scratch. TexasLawHelp.org publishes a fill-in-the-blank military status affidavit that includes fields for the case caption, the court, the DMDC results, and your sworn statement.4TexasLawHelp.org. Military Status Affidavit Many justice courts publish their own; the Harris County JP form is a common example.5Harris County Justice of the Peace. Military Service Affidavit
Notarized Affidavit or Unsworn Declaration
Most people assume a notary is required. Under Texas Civil Practice and Remedies Code § 132.001, an unsworn declaration signed under penalty of perjury can substitute for a traditional sworn affidavit in most situations. You can sign the document yourself using the required statutory language instead of scheduling a notary appointment. The Harris County JP form recognizes this option directly.5Harris County Justice of the Peace. Military Service Affidavit Either approach satisfies the court.
What the Affidavit Should Contain
- Case identifying information: case number, court name, and names of the parties.
- A clear statement of status: in military service, not in military service, or unable to determine.
- Supporting facts describing how you verified the status, including the date of the DMDC search.
- The DMDC certificate attached as an exhibit.
- Your signature, either notarized or executed as an unsworn declaration.
Step 3: File It
Most Texas courts require electronic filing through eFileTexas.gov. Upload the completed affidavit and the DMDC certificate together, and select a filing code that matches the document — typically something like “Affidavit” or “Affidavit of Non-Military Service.”6eFileTexas.gov. Frequently Asked Questions
The affidavit is almost always filed together with a motion for default judgment, and that motion is what carries the filing fee. Subsequent filings in a Texas district court run $80 in combined state and local fees.7Office of Court Administration. District Court Civil Filing Fees County-level courts charge the same $80 for subsequent filings.8Office of Court Administration. County-Level Court Civil Filing Fees Once the clerk accepts your submission, you receive a file-stamped copy, and the judge reviews the affidavit before ruling on your default request.
If the DMDC Says the Defendant Is on Active Duty
A default judgment is off the table for the moment. The court must appoint an attorney to represent the absent servicemember before proceeding.1Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If that attorney cannot locate the servicemember, nothing the attorney does waives the servicemember’s defenses or binds them to the outcome.
The servicemember can also request a mandatory stay of at least 90 days, with additional stays available if the military obligation continues.9Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice For a plaintiff, that means the case can sit idle for months. There is no workaround.
If You Could Not Determine Status
Sometimes the DMDC search returns nothing definitive because you lacked the identifying information or the system did not produce a clear answer. Your affidavit should honestly say you were unable to determine the defendant’s status and describe what you did to try. The court can still proceed, but the judge may require you to post a bond in an amount the court sets. That bond stays in place through any appeal period, and if the defendant later turns out to be a servicemember and the judgment is set aside, the bond covers the defendant’s losses.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If you cannot afford the bond, your case may stall until you can verify status another way.
Risks of Cutting Corners
A default judgment entered against a servicemember without following these procedures can be reopened. The servicemember has to show two things: military service materially affected their ability to defend the case, and they have a legitimate defense to the underlying claims.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The judgment is eligible to be reopened if it was entered while the defendant was on active duty or within 60 days after their service ended, and the motion must be filed within 90 days after they leave active duty. So a judgment you obtained months ago can still be vacated.
Filing a non-military affidavit you know to be false is a federal crime. The penalty is a fine under Title 18, up to one year in jail, or both.1Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Run the DMDC search, attach the certificate, and describe what you found. If you genuinely do not know, say so. An honest “unable to determine” is far safer than a guess dressed up as a fact.