Georgia Small Claims Court Military Affidavit

A Filing Requirement Most People Don't Know About

You complete your Statement of Claim, notarize your Verification, pay the filing fee — and the clerk rejects your paperwork because you forgot the military affidavit. This happens regularly in Georgia Magistrate Courts, and it delays your case until you come back with the correct form.

Under the Servicemembers Civil Relief Act (SCRA), codified at 50 U.S.C. § 3931, before entering a default judgment in a case where the defendant has not appeared, the court must require a statement about whether the defendant is in military service or whether the plaintiff cannot determine that status. Georgia Magistrate Court filing instructions also require a notarized military affidavit with the Statement of Claim.

Why the Affidavit Exists

The SCRA protects active-duty military members from default judgments. If a defendant is deployed overseas or stationed at a base far from home, they may not be able to respond to a lawsuit within the standard 30-day window. The military affidavit ensures the court knows whether a defendant is in active service before entering any default.

If a default judgment is entered against a service member during military service or within 60 days after release, the service member may apply to reopen it. The court must reopen it if military service materially affected the defense and the service member has a meritorious or legal defense; the application is due within 90 days after release. Federal law imposes penalties for knowingly making or using a false military-status affidavit.

How to Check Military Status

The Department of Defense Manpower Data Center (DMDC) provides a free online search tool called the SCRA Website. Enter the defendant's name and Social Security number (or date of birth if the SSN is unavailable). The system returns a certificate indicating whether the individual is currently on active duty.

Print the DMDC certificate and attach it to your military affidavit. The affidavit states one of three things:

1. The defendant is not in active military service (most common)
2. The defendant is in active military service (triggers additional court protections)
3. You cannot determine whether the defendant is in active military service (the court may require a bond before entering judgment)

The affidavit must be notarized. Most Magistrate Court clerks have a notary on staff, or you can use any Georgia notary public.

What Happens If the Defendant Is Active Duty

If the DMDC search shows the defendant is on active duty, you can still file your case. A service member with actual notice may request a stay (postponement) of at least 90 days by explaining how military duties materially affect their ability to appear, stating when they will be available, and providing a commanding officer's statement that leave is not authorized; if those conditions are met, the court must grant the stay. If the defendant fails to respond and you seek a default judgment, the court must appoint an attorney to represent the absent service member's interests before ruling.

None of this prevents your claim from eventually being heard. It adds procedural protections and potential delays, but the case proceeds once the service member's rights are addressed.

Practical Steps

1. Run the DMDC search before visiting the clerk's office
2. Print the DMDC certificate showing the defendant's military status
3. Complete the SCRA Military Affidavit form (available from the Georgia Magistrate Council website or your local clerk)
4. Have the affidavit notarized
5. Submit it with your Statement of Claim, Verification, and filing fee

The Georgia Small Claims Filing Guide includes a mandatory document checklist that covers the military affidavit alongside every other form the clerk requires, so nothing gets missed at the filing window.

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