🎖️ How to Serve a Military Member

🛡️ The Servicemembers Civil Relief Act (SCRA) — What Every Plaintiff Must Know

Before you serve a single document on an active duty military member, you must understand the Servicemembers Civil Relief Act (SCRA) — the federal law that provides sweeping legal protections to men and women serving in the United States Armed Forces. The SCRA does not prevent you from suing or serving a military member, but it fundamentally changes how the case proceeds after service and imposes strict requirements that, if ignored, can result in your judgment being voided entirely. 🛡️

The SCRA was enacted to ensure that military members can devote their full attention to their duties without being disadvantaged in legal proceedings because of their service. It applies to all active duty members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, as well as members of the National Guard and Reserve components when activated for federal service under Title 10. The protections begin on the date of entering active duty and generally extend for a period after the member’s release from active duty (typically 90 days for most protections, though some extend longer).

The SCRA provides several key protections that directly impact your lawsuit against a military member. The act allows courts to stay (postpone) civil proceedings for at least 90 days if the military member’s service materially affects their ability to participate in the case. It requires the plaintiff to file an affidavit stating whether the defendant is or is not in military service before any default judgment can be entered. It prohibits default judgments against military members who have not appeared in the case without the court first appointing an attorney to represent their interests. The act also caps interest rates at 6% on pre-service obligations and provides protections against foreclosures, evictions, and repossessions during active duty.

🔍 How to Verify Military Status

Before proceeding with service of process — and especially before seeking a default judgment — you must determine whether the defendant is currently on active duty. This is not optional — it is a legal requirement under the SCRA. Here is how to verify military status through official channels: 🔍

🏗️ Serving Process on a Military Installation

Serving legal documents on a military installation presents unique logistical challenges that do not exist when serving civilians. Military bases are federal property with restricted access, and each installation has its own procedures for handling civilian legal process. Here is what you need to know: 🏗️

🔒 Base access is not automatic. Civilian process servers cannot simply drive onto a military installation and serve papers. Access to military installations requires proper identification and authorization. Most bases will not grant access to civilian process servers for the purpose of serving legal documents unless specific procedures are followed. Attempting to enter a military base without authorization can result in being turned away, detained, or even arrested by military police.

📋 The Staff Judge Advocate (SJA) process. The standard procedure at most military installations is to deliver the legal documents to the installation’s Staff Judge Advocate (SJA) office or Legal Assistance Office. The SJA office then forwards the documents to the service member — either by direct delivery or by summoning the member to the legal office to accept the documents. This is the most widely accepted and reliable method for serving military members on base. To use this method, contact the SJA office in advance, explain that you need to serve legal process on an active duty member stationed at the installation, and follow their specific procedures.

📋 The Provost Marshal / Military Police approach. Some installations allow process servers to deliver documents to the Provost Marshal (military police headquarters) for forwarding to the service member. This method is less common than the SJA route and may not be available at all installations. Contact the installation’s main information line to inquire about their specific procedures.

📋 Command-facilitated service. In some situations, particularly involving family law matters (divorce, child custody, child support), the service member’s commanding officer may facilitate service by ensuring the member is available to accept documents. This approach typically requires coordination with the SJA office and the member’s chain of command. Courts can issue orders compelling the military to facilitate service when necessary.

📋 On-base housing areas. If the service member lives in on-base housing, you may be able to serve them at their base residence — but only if you can gain access to the housing area. Some bases allow civilian access to housing areas with proper identification, while others restrict all civilian access. Contact the base housing office and SJA office to determine the specific policies for the installation in question.

🏠 Serving Military Members at Off-Base Residences

Many military members live off-base in civilian housing. When the service member resides off-base, service of process follows the same rules as serving any other individual — with the additional requirement of SCRA compliance throughout the litigation. 🏠

📋 Personal service at the off-base residence. If the military member lives in a civilian apartment, house, or other off-base residence, a process server can serve them personally at their home address just as they would any civilian defendant. This is often the simplest and most effective method. The key challenge is determining the service member’s current off-base address, as military members relocate frequently due to permanent change of station (PCS) orders, temporary duty assignments (TDY), and deployments.

📋 Substituted service. If personal service at the off-base residence fails (the member is not home during multiple attempts), most states allow substituted service — leaving the documents with a competent adult at the residence (often a spouse or roommate) and mailing a copy to the address. The specific rules for substituted service vary by state, so verify your jurisdiction’s requirements.

📋 Service at a civilian workplace. If the military member has off-duty civilian employment, they can potentially be served at their civilian workplace during working hours. This method avoids the complications of base access entirely. However, not all military members work outside the military, and off-duty employment information may not be readily available without a skip trace to identify their employer.

🌍 Serving Military Members Who Are Deployed

Serving process on a deployed military member is one of the most challenging service scenarios you can face. The member is physically overseas, often in a combat zone or restricted area, and may not have regular access to mail or communications. Despite these challenges, service can still be accomplished — and the SCRA provides specific procedures for handling cases involving deployed personnel. 🌍

🌐 Service through the SJA office. Even when a service member is deployed overseas, their home station SJA office can often facilitate service. The documents are delivered to the SJA office at the member’s permanent duty station, and the SJA office coordinates with the member’s deployed unit to deliver the documents. This process takes longer than stateside service — often several weeks — but is the most reliable method for reaching deployed personnel.

🌐 Service through the chain of command. In some cases, particularly family law matters with urgency (protective orders, custody emergencies), the court can order service through the military chain of command. The commanding officer is directed to ensure the service member receives the documents and has an opportunity to respond. Courts have broad authority to fashion service methods that satisfy due process while accounting for the realities of military deployment.

🌐 Service by mail to APO/FPO addresses. Military members deployed overseas receive mail through Army Post Office (APO) and Fleet Post Office (FPO) addresses. If your jurisdiction allows service by certified mail, you can send the documents to the member’s APO/FPO address. However, mail delivery to deployed locations can be slow and unreliable — allow extra time and use certified mail with return receipt requested to document delivery.

🌐 Court-ordered alternative service. When standard methods fail because of deployment, you can petition the court for alternative service methods. Courts have authorized service by email to military .mil addresses, through the member’s military attorney, to a family member designated to handle legal matters during deployment (through a power of attorney), or through the Defense Finance and Accounting Service (DFAS) that processes the member’s pay.

📋 Service Requirements by Case Type

The type of case you are filing affects both the service requirements and the SCRA protections that apply. Here are the most common case types involving military defendants: 📋

⚖️ Default Judgments and SCRA Compliance

Obtaining a default judgment against a military member requires strict compliance with the SCRA — and failure to follow these requirements can result in the judgment being voided months or even years later. Every attorney and creditor must understand these rules: ⚖️

📌 The mandatory affidavit. Under 50 U.S.C. § 3931, before a court may enter a default judgment in any civil action against any defendant who has not made an appearance, the plaintiff must file an affidavit stating whether or not the defendant is in military service, showing necessary facts to support the affidavit, or stating that the plaintiff is unable to determine whether the defendant is in military service. This affidavit requirement applies to ALL default judgments — not just those against known military members. It is the plaintiff’s obligation to investigate and determine the defendant’s military status.

📌 If the defendant IS in military service. The court cannot enter a default judgment until it appoints an attorney to represent the absent military member’s interests. The appointed attorney must make reasonable efforts to contact the military member, advise them of their rights, and represent them in the proceeding. The court may grant a stay of at least 90 days upon request. If the court determines that the member’s military service has not materially affected their ability to defend, the case may proceed to default judgment — but this determination must be made on the record.

📌 If the defendant is NOT in military service. The plaintiff should attach the DMDC certificate showing no active duty record. The court can then proceed with the default judgment process under standard rules. Keep the certificate as part of the case file — it is your evidence of SCRA compliance.

📌 If military status cannot be determined. When the plaintiff cannot determine whether the defendant is in military service (the defendant cannot be found, the name is too common, or the SSN is unknown), the court must appoint an attorney and may require the plaintiff to post a bond before entering a default judgment. The bond protects the absent defendant in case they later prove they were in military service and the judgment should be set aside.

📌 Setting aside default judgments. Under 50 U.S.C. § 3931(g), a military member against whom a default judgment has been entered can apply to reopen the judgment if they were in military service during the pendency of the action, they are materially affected by reason of military service in making a defense, and they have a meritorious defense to the action. This application must be made within 60 days of terminating or releasing from military service. The court then reopens the judgment and allows the member to defend.

📍 How to Locate Military Members for Service

Finding a military member’s current location is often the biggest challenge in serving them. Military personnel move frequently, deploy unexpectedly, and their address information may not be available through standard civilian databases. Here are the tools available: 📍

🔍 Military locator services. Each branch maintains a locator service that provides the current duty station of active duty members. These services are available to the public for a small fee and require the member’s full name and as much identifying information as possible (SSN, date of birth, last known rank or unit). However, locator services provide the duty station — not necessarily the member’s home address — and responses can take several weeks by mail.

🔍 Defense Finance and Accounting Service (DFAS). DFAS processes military pay and may verify a military member’s address in connection with certain legal proceedings, particularly child support and alimony cases. Court orders directing DFAS to disclose address information for service purposes are generally honored.

🔍 Professional skip tracing. A professional skip trace is the fastest and most comprehensive method for locating military members. Our searches cross-reference military databases, public records, utility connections, and other data sources to provide the member’s current duty station, off-base residential address, and associated contact information — all in 24 hours or less. This is especially valuable when the member has recently transferred, is between assignments, or lives off-base at an address that does not appear in military records.

🔍 Social media and digital research. Military members often maintain social media profiles that reveal their current location, duty station, and personal information. While social media alone may not provide a serviceable address, it can narrow down the search area and confirm which installation the member is assigned to. Digital research combined with professional skip tracing provides the most complete picture.

🔍 VA records (for veterans). If the person has completed their military service, they may be receiving VA benefits. The VA will forward correspondence to a veteran’s last known address under certain circumstances, and VA records can sometimes be accessed through legal channels for service of process purposes. Note that SCRA protections have limited applicability after separation from active duty (typically 90 days for most protections).

✅ After Service Is Complete — Next Steps

Successfully serving a military member is only the beginning. The SCRA continues to affect your case throughout the litigation process. Here is what to expect after service: ✅

📌 Document everything. Ensure your process server provides a detailed proof of service identifying who was served, when, where, and how. If service was accomplished through the SJA office or chain of command, obtain written confirmation from the military. This documentation is essential if the defendant later challenges service or claims they never received the documents.

📌 Be prepared for a stay request. The service member has the right to request a stay of proceedings under the SCRA. If they submit a letter from their commanding officer confirming that military duties prevent their participation and leave is not authorized, the court must grant at least a 90-day stay. Plan your case timeline accordingly — statute of limitations considerations should be evaluated early.

📌 Monitor military status throughout litigation. Military status can change during the course of your case — a reservist may be activated, or an active duty member may separate from service. Continue monitoring through the DMDC database, especially before requesting any default judgment or enforcement action.

📌 Judgment enforcement considerations. If you obtain a judgment against a military member, enforcement options include wage garnishment through DFAS (for child support, alimony, and commercial debts), judgment liens against property, and standard judgment collection methods. However, certain SCRA protections may limit enforcement during active duty — particularly for pre-service debts. Asset searches can identify what the military member owns and where enforcement is most likely to succeed.

❓ Frequently Asked Questions

📚 Related Service of Process Resources