The Nuances and Importance of the Military Affidavit in the Collection Process
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Learn: • What is the military affidavit? • When is the affidavit required? • What should be done when the affidavit is received? • Why is the affidavit essential to the collection process? • How to comply with the due diligence requirement under the Service Members Civil Relief Act and • Resources available for compliance.
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The Nuances and Importance of the Military Affidavit in the Collection Process
- 1. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com The Nuances and Importance of the Military Affidavit in the Collection Process
- 2. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Amy Poje-Marsh NCS Construction & Collection Services Groups Manager apoje@ncscredit.com Roy Kaufmann Director of the Servicemembers Civil Relief Act Centralized Verification Service roy.kaufmann@servicememberscivilreliefact.com
- 3. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Agenda • What is the Affidavit? • When is this Affidavit required? • What should be done when the Affidavit is received? • Why the Affidavit is essential to the collections process? • How to comply with the due diligence requirements under the Servicemembers Civil Relief Act? • Resources available for compliance
- 4. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com “A Servicemembers Civil Relief Act Affidavit is a sworn document, executed before a Notary Public or court clerk, indicating that a military verification was conducted, due diligence performed, and often goes further to say what the investigation revealed.” - SCRA What is the Affidavit?
- 5. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com When is the Affidavit Required?
- 6. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com What to do upon receipt of Affidavit? • Before proceeding with suit against an individual, a military verification should be conducted. • The Affidavit confirms the creditor is in compliance with the Service members Civil Relief Act.
- 7. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Federal Law: Default Judgments (where defendant does not participate) Whether or not the defendant is in the military service with necessary facts to support the affidavit OR The plaintiff is unable to determine military service – may result in the posting of bond through appeal Can be a statement, declaration, verification, or certificate, signed, and certified or declared to be true under penalty of perjury. 50 USC App 521 What Dictates Affidavit Wording?
- 8. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Affidavit in Compliance with Servicemembers Civil Relief Act
- 9. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com State and Local Laws Sometimes Add additional Requirements: Recitals that: 1. Affiant is older than 18 2. Affidavit is based on affiant’s personal knowledge 3. Specific recital of the basis of that knowledge (i.e. DMDC) What Dictates Affidavit Wording (cont.)
- 10. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Confusion: the statute speaks about the signer of a government certificate • The Affidavit can be signed by the plaintiff, agent for the plaintiff (including attorney or employee of the servicer). • Affidavit is under penalty of perjury. • SCRACVS can help avoid the confusion. Authority of the Signor
- 11. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Due Diligence: • Not a defined term, but it requires inquiry • If the SSN of the individual is known, certainly an inquiry to DMDC (or via a service provider) would be required • If no SSN, extensive searching of records to try to find the SSN, or, a distant second best, the date of birth • Inquiry to the individual • Age of individual What is Due Diligence?
- 12. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com What do courts look for in the SCRA Affidavit? • Satisfaction of local requirements • A verification based upon date of birth only (with no SSN) results in a disclaimer SCRA Affidavit
- 13. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com
- 14. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com
- 15. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com U.S. Defense Department Compliance Resources
- 16. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Individual Agencies Compliance Resources (cont.)
- 17. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Service providers such as SCRACVS • Can be fully automated (SSN’s required) • Integrated into servicer’s or lender’s data base • Affidavits available – All DMDC Certificates maintained • Emergencies and Service Interruptions by DMDC handled Compliance Resources (cont.)
- 18. Copyright 2015 SCRA, LLC ServicemembersCivilReliefAct.com Contact Us support@servicememberscivilreliefact.com (202) 457-6711
Notas del editor
- Good afternoon and thank you for joining us for today’s webinar “The Nuances and Importance of the Military Affidavit in the Collection Process.”
- Let’s get started! Here is the agenda for today’s webinar… <read bullets for agenda>
- Let’s first define the affidavit. As you can see on this slide, the affidavit is a sworn statement proving the defendant is not an active service member. So why is that important? When a service member is active, the individual may be out of the county and would not have the ability to defend themselves in litigation. Also, it is worth mentioning that the document has various names, depending upon the jurisdiction, such as: Certificate of Non-Military Service Non-military affidavit, or the Servicemembers Civil Relief Act Affidavit Just to name a few….
- Now, when does the certificate of non-military service come into play? First, if the defendant is an individual; and, If there is money owed or some other adverse action that needs to be taken. This would include, but is not limited to, filing suit in pursuit of Judgment… and other issues as mentioned in this slide
- The creditor has to do a couple things upon receiving the Affidavit: First, the Creditor must confirm the debtor is not an active service member and then Execute the document accordingly In executing the affidavit, the creditor is confirming they have done their due diligence in verifying if an individual is an active service member Now I would like to turn the presentation over to Roy, and he will discuss some of the finer points of the affidavit…
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