Legal Question in Civil Litigation in Virginia

Soldiers and Sailors Affidavit Re: filining judgement of warrant in debt

Wow, that is a good question. The General Assembly requires that when you file a lawsuit (at least in Gen. Dist Ct or to get a default judgment), you certify that the defendant is not an active member of the military on active duty (called a soldiers and sailors affidavit). However, nowhere has the General Assembly or the courts identified exactly how you are supposed to determine this. After 9/11, with terrorism and wars overseas, it is a lot harder to find out information about a member of the military. Therefore, it is a problem. There is supposedly a phone number at the Pentagon you can call and maybe they will tell you a little bit of information, maybe. I do not have that number with me as I am away helping parents.

So the best that you can do is to check it out the best you can (ask people who know the defendant, for example, call for them at work, or whatever). And then sign a sworn affidavit that to the best of your knowledge they are not. And then just be prepared to explain what steps you took to try to find out.

Sending them a letter would help. If you tell them "Based on my investigation I understand you are not a member of the military on active duty. Please let me know if this is not correct." Better yet if you send it certified, and they SIGN for it at their home, they are obviously not on active duty overseas. Since the judge will KNOW that this is a tricky burden, and you have any reasonable basis for your affidavit, you'll be okay. THe problem arises when no one answers the lawsuit, and you want a default judgment. It is not fair if the person is outside the country or serving at a distant base and CANNOT answer.