How to Effectively Run a Military Search on a Member of the Armed Forces

Members of the armed forces deserve our unending respect for their contribution to our nation’s security. Servicemembers make many personal sacrifices to ensure that we are able to further our career goals and realize our dreams. The life of military personnel is full of excitement and adventure. But there is a flip side to this life too, as the military personnel have to deal with some of the most demanding working conditions every.

Most of the time, the men and women in our military are posted overseas and often work under inhospitable conditions. The lawmakers in our country have therefore provided for certain military protections to these personnel to make sure that they do not have any hindrances while serving for their nation and that their interests are protected at home. This was the motivation behind the protections that are given to the members of our military. Some of those protections offered our men and women who serve in our armed forces are found in the Servicemembers Civil Relief Act.

This act (which used to be called the “Soldiers’ and Sailors’ Relief Act of 1940”) exists with the aim of protecting the men and women who serve in the armed forces from having judgments entered against them or from foreclosures and similar actions. As with other citizens, the soldiers and sailors may also have some issues with their creditors or financial institutions where they have established credit cards, loans and mortgages. If an account goes delinquent, that a suit may be filed against the servicemember by the lending institution. In such a situation the military personnel might invoke the Act to ensure that they get the appropriate relief. That relief may be a reduced interest rate, or a delay in any foreclosure. However, the Servicemembers Civil Relief Act can be invoked by the soldiers and sailors who are on active duty.

It is also incumbent on the petitioner (who may the employee of a financial institution) to submit proof that the individual against who they are seeking action is not on active military service at the time a judgment is entered. Contacting the military officials at the seven government agencies to conduct a military search is going to be a tedious and time-consuming process. It may take up to five to six months to receive an authenticated response.

An alternative is available to obtain a speedy confirmation of whether a person is on active military service or not. This is can be achieved online by contacting the Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS). Responses or military affidavits are usually available within one or two business days and searches may be conducted even if a social security number is unknown.

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M.G. Hines is author of this article on Active Duty Military Search. Find more information about Active Duty Status here.

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