Legal Question in Military Law in Florida

non military affidavit

I was sued and a default judgement was placed against me back in 1992. I only just found out about this 6 months ago. I was in the USAF from Jan of 1991 to May of 1996 and was never served. I found out because CA DMV would not renew my drivers license because of the judgment back in FL. The plaintiffs attorney filed a non military affidavit and the judgement was granted. Since I was in the Air Force at the time the suit was filed and was never served , am I covered under the Soldiers and Sailors civil relief act? Is there a way out?


Asked on 1/22/09, 4:01 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: non military affidavit

It "should" be covered - without actually seeing all of the paperwork involved, no attorney can give you a binding opinion.

That having been said, and assuming that the SSCRA covered you, you can go back to the Court and have the Default Judgment "set aside" but to do it right, you really need the assistance of an Attorney because there are also State Procedural rules that must be followed in doing this.

Your best bet is to get a lawyer in the County where you were sued that handles those types of cases, such as your suit. If you can't locate one, call the County Bar Association for a listing.

Good luck to you.

Don Rehkopf

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Answered on 1/22/09, 4:14 pm


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