How to File a Default Judgment Without Defendant’s Military Status in CA?

Question from Bey, How to File a Default Judgment Without Defendant’s Military Status in CA?

Answer from AI:

Why Military Status Matters

California courts must follow the Servicemembers Civil Relief Act (SCRA), a federal law that protects active‑duty service members from being sued or having a judgment entered against them without proper verification. Before a default judgment can be entered, the court must be satisfied that the defendant is not on active military duty, or that the SCRA’s protections have been waived.

What to Do When You Can’t Find the Status

1. Conduct a Reasonable Search

   • Review any known addresses, phone numbers, and email accounts.
   • Search public databases (e.g., county assessor, voter registration).
   • Look at social‑media profiles for any mention of military service.
   • Contact the defendant’s employer, relatives, or known associates for confirmation.

2. Use the Official Verification Tool

   • The Department of Veterans Affairs offers a Military Status Verification service.
   • Submit a request using the form provided by the California Department of Veterans Affairs (CalVet).
   • Include the defendant’s full name, date of birth, and any other identifying information the form asks for.

3. File a Declaration of Diligent Search

   • If the search yields no conclusive result, prepare a declaration stating:
     the specific steps you took, the dates of those steps, and the outcome of each effort.
   • Attach the declaration to your motion for default judgment. California Rules of Court require this declaration to show you have complied with the SCRA’s “reasonable inquiry” requirement (see Cal. Civ. Proc. Code § 415.20).

4. Proceed with the Default Judgment

   • Once the declaration is filed, the court may enter the default judgment unless the defendant later proves active‑duty status.
   • If the defendant later shows they were on active duty, the judgment could be vacated under the SCRA.

Key Legal References

• Servicemembers Civil Relief Act (SCRA) – federal protections for active‑duty members. See the full text on the U.S. Department of Justice website.
• California Code of Civil Procedure § 415.20 – outlines the court’s duty to inquire about a defendant’s military status. The statute is available through the California Legislative Information site.

When to Seek Professional Help

The steps above involve specific procedural filings and interaction with government agencies. Because an error can lead to a judgment being set aside or to liability for violating the SCRA, it is wise to consult a licensed California attorney who can:

• Verify that your search meets the “reasonable inquiry” standard.
• Draft the declaration and any accompanying motions.
• Advise on how to respond if the defendant later asserts military status.

By following the diligent‑search requirement, using the official verification service, and filing the appropriate declaration, you satisfy California’s and the SCRA’s mandates and can move forward with the default judgment process.