NC Small Claims SCRA Military Affidavit: Form AOC-G-250 Explained

Why the Military Affidavit Exists

Before entering judgment for a defendant who has not appeared in the action, a North Carolina magistrate must require a military status affidavit. This requirement comes from the federal Servicemembers Civil Relief Act (50 U.S.C. § 3931), which protects servicemembers from default judgments in civil cases.

Form AOC-G-250 is the North Carolina court form for this affidavit. The affidavit is required before judgment, not simply before an ex parte hearing.

When You Need to File AOC-G-250

You need the military affidavit when the defendant has not appeared in the action and you're asking the magistrate to enter judgment. If the defendant has appeared in the action, the federal default-judgment affidavit requirement does not apply.

In practice, most plaintiffs prepare the affidavit before the hearing date. You don't know in advance whether the defendant will appear, and showing up without the completed form means the magistrate may grant a continuance rather than hear your case, costing you another trip to court.

How to Verify the Defendant's Military Status

The Department of Defense Manpower Data Center (DMDC) maintains the official database for SCRA status verification. You can search it at scra.dmdc.osd.mil. The search requires the defendant's name and either their Social Security number or date of birth.

The DMDC search returns a certificate showing the individual's military status for the date you search. Print this certificate — it's the evidence that backs up your affidavit.

If you cannot determine the defendant's military status, you must state that on the affidavit. Before entering judgment, the magistrate may require you to post a bond or enter other orders to protect the defendant's rights.

Completing the Form

Form AOC-G-250 is straightforward. You'll state under oath one of three things:

1. The defendant is not in military service. Attach the DMDC certificate as proof.
2. The defendant is in military service. The court may not enter judgment until it appoints an attorney to represent the service member.
3. You're unable to determine whether the defendant is in military service. Before entering judgment, the magistrate may require a bond or enter other orders to protect the defendant's rights.

The affidavit must be signed under oath. You can swear to it before a notary public beforehand, or take the oath in front of the clerk or magistrate at the courthouse.

What Happens if You Skip It

If a default judgment is entered against a servicemember during military service or within 60 days after that service ends, the court must reopen it on application if the servicemember was materially affected by the service in defending the case and has a meritorious or legal defense. The application must be filed within 90 days after military service ends.

For plaintiffs, this means wasted time and potentially starting over. Filing the affidavit takes about 15 minutes — running the DMDC search, printing the certificate, and completing the one-page form. That's a small investment to protect a judgment you may have spent weeks preparing for.

The North Carolina Small Claims Filing Guide covers the military affidavit as part of the complete hearing preparation checklist, alongside evidence organization and the documents you'll need on the day.

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