Legal Question in Military Law in New York

Being in the military is separate and distinct from debts owed to you. Military personnel, while on active duty, are entitled to certain legal protections so they do not have judgments taken against them by default (for their non-appearance) while they are deployed. In order to sustain an action against someone, and for the court to have jurisdiction over the matter (meaning, the court is legally allowed to listen to everyone's side of the story), you have to have the correct court and have followed the proper procedure to inform the other person that you are taking them to court. Informing the other person of the court date isn't as simple as making a telephone call, you have to "serve them with process". Simply put, there is a process by which you serve the person being sued. Depending upon the amount of money owed, you may wish to file a small claims action against the debtor. For the debtor in the military, the added glitch is the debtor may be deployed overseas and you cannot reach him or her. The particulars of the the individual's military status and the debt owed factor into your decision of when and where to file. Be careful, however, because matters based in contract have specific time limitations that you need to pay attention to. If you don't file a lawsuit in time, you lose your right to sue.