G. Entry of Default Judgments

• Library: Military Issues in Family Law 2017

G. Entry of Default Judgments

A default judgment, or its equivalent, may not be entered in any civil action or proceeding in which a servicemember on qualifying active duty does not make an appearance unless the provisions of the SCRA are followed. Specifically:

[T]he court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—

(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or

(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).

“The purpose of section [3931] is to protect servicemembers from judgments entered against them without their knowledge.” Taylor v. Ferguson, 437 S.W.3d 799, 803 (Mo. App. E.D. 2014). Accordingly, as part of an initial pleading, and before entry of a final judgment, the movant must plead and should be prepared to present evidence of the nonmoving party’s military status.

If, in an action covered by the SCRA, it appears that the defendant or respondent is in military service, the court may not enter a judgment until it appoints an attorney ad...