Eviction Delayed by a Missing Servicemembers Civil Relief Act Affidavit
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed February 1, 2026
Legal Inquiry
Consumer Legal Issue
Eviction of my tenants. Eviction to sheriff got denied due to not having a. Legal document of thescra.
So now do I have to get a notarized one and refile the process all over again.
Attorney Answer
In most Maryland District Court practice you don't need to start an entirely new eviction case - you typically supplement your existing case by filing the notarized SCRA affidavit on that same docket - but the exact procedure varies by court, so confirm it directly with the clerk handling your case rather than assuming.
The federal Servicemembers Civil Relief Act (50 U.S.C. § 3931) prohibits a court from entering a default judgment against a defendant who hasn't appeared - including in eviction cases - until the plaintiff files an affidavit stating whether the defendant is in military service. If a tenant is a servicemember, the court must also appoint an attorney to represent them before judgment can be entered. Skipping this affidavit, or filing one with false information, can result in the resulting judgment being voided later, which is why the court denied your initial request.
What you can do:
1. Verify each tenant's military status through the Defense Manpower Data Center before signing anything - a false affidavit can create separate liability for you.
2. Have the SCRA affidavit properly notarized once you've confirmed status.
3. Contact the Maryland District Court clerk handling your case directly to confirm whether the affidavit should be filed as a supplement to the existing case or requires a new filing - local practice varies by court.
4. If a tenant turns out to be a servicemember, expect the court to appoint counsel for them before any judgment is entered.
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Courts & Legal Aid in Maryland
- File or look up a case through the Maryland Courts, which serves the state.
- Get free civil legal help from Maryland People's Law Library.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
- Visit HUD — Housing Discrimination Complaint to report housing discrimination.
- Visit CFPB Consumer Tools to tenant, mortgage, and eviction resources.
Frequently Asked Questions
Why would a court deny an eviction filing over a servicemember affidavit?
Federal law generally requires landlords to file an affidavit addressing a tenant's military service status before a default judgment can be entered, and courts often reject filings that omit it.
Does a missing affidavit mean an eviction case has to start over completely?
Not necessarily — in many jurisdictions the affidavit can be filed as a supplement to an existing case, though local court procedure varies and should be confirmed with the clerk handling the matter.
What happens if a tenant turns out to be an active-duty servicemember?
In many states, courts are generally required to appoint an attorney to represent an active-duty tenant before any judgment can be entered against them in an eviction case.
