Servicemembers Civil Relief Act Affidavit {G-250}

File No. Name And Address Of PlaintiffName And Address Of Defendant 50 U.S.C. 3901 to 4043 1. As of the current date: (check one of the following) a. I have personal knowledge that the defendant named above is in military service.* b. I have personal knowledge that the defendant named above is in military service.* c. I am unable to determine whether the defendant named above is in military service.* 2. (check one of the following) a. I used the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the defendant222s military status. The results from my use of that website are attached. ( The Servicemembers Civil Relief Act Website is a website maintained by the Department of Defense (DoD). If DoD security ) b. I have not used the Servicemembers Civil Relief Act Website and the following facts support my statement as to the defendant222s military service: VERSUS STATE OF NORTH CAROLINA CountyIn The General Court Of Justice(Over)SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT AFFIDAVIT Do not proceed to enter judgment in a non-criminal case in which the defendant has not made an appearance until a him or her. DateDate SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Notary Deputy CSC Assistant CSC Clerk Of Superior Court MagistrateSEAL AOC-G-250, Rev. 2/18 American LegalNet, Inc. www.FormsWorkFlow.com In any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance, the court, before entering judgment for the plaintiff, shall require the (A) stating whether or not the defendant is in military service and showing necessary facts to (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. 50 U.S.C. 3931(b)(1). If in a civil action or proceeding in which the defendant does not make an appearance it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed to represent a service member cannot locate the service member, actions by the attorney in the case shall not waive any defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2). State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil Relief Act. To comply with the federal Violence Against Women Act and in consideration of G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter 50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act. a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this Act. 50 U.S.C. 3931(b)(3). year, or both. 50 U.S.C. 3931(c). AOC-G-250, Side Two, Rev. 2/18 American LegalNet, Inc. www.FormsWorkFlow.com